(Domestic Competitive Bidding)

E-BIDDING DOCUMENT

For

PROVIDING CONSULTANCY SERVICES FOR

CONDUCTING BENCHMARKING STUDY ON
TRANSMISSION BUSINESS OF UPPTCL
&
PREPARATION OF BENCHMARKING REPORT
(Single Stage Two Part Bidding System)

 Tender Invitation Notice (NIT) No. & Date: ...........................................................

 Tender Specification No. (TSN): DC-7
 Tender Inviting Authority (TIA): S.E., Electricity Substation Design Circle II, Lucknow
 Address of the TIA: Superintending Engineer, Electricity Substation Design Circle-II,
Lucknow, Shakti Bhawan Extn., 14-Ashok Marg, Lucknow-226001
 Email. seedc2@upptcl.org

For details, please visit the

Website of UPPTCL “www.upptcl.org”
and/ or
Official e-procurement Tender Portal of UPPTCL “etender.up.nic.in”
 Preface
This Standard Bidding Document (SBD) is specifically designed for inviting tenders for
Providing Consultancy Services for Conducting Benchmarking Study on Transmission Business of
UPPTCL & Preparation of Benchmarking Report which is in line with the structure & provisions
of the Works and Procurement Policy (WPP) of Uttar Pradesh Power Transmission Corporation
Limited (UPPTCL), except where specific changes have been considered.

This Document is also compatible with the designated e-tendering Platform/Portal of the
Uttar Pradesh Power Transmission Corporation Limited (UPPTCL). The Standard Bidding
Documents (SBD) will have two volumes out of which Volume-I will be available in .pdf form and
Volume-II will be available in .xls sheet.
Volume-I: Document covers the Bidding Instructions including PQR, Technical Specification
of Services , General& Special Condition of the Contract and Forms & Annexure.
Volume-II: Document shall contain BOQ & Price Schedule as per specific works. While
preparing the Bidding Document for any specific Service concerned Tender
Inviting Authority shall modify the NIT (Table-A), PQR, BDS, SCC, Owner’s
Requirement and FORMs of Volume-I to the extent required with due approval
from the Competent Authority.
 CONTENTS
Sections Particulars Page No.
VOLUME-I
(Tendering Procedure, QR, Conditions of Contract & Formats)
Section-1 Notice Inviting Tender (NIT):
This Section contains key information relating to invitation of tender
notice, window advertisement of the proposed works, tendering
schedules, and communication address, Tender Cost, EMD etc. for
clear and concise information for the Bidders.
Section-2 Instructions to Bidders (ITB):
This section specifies both Technical & Financial qualifying
requirements, course of actions to be taken by the Bidders in the
preparation and submission of their Bids and also contains all the
criteria that UPPTCL shall use to evaluate bids and qualify Bidders
following a Two-Stage bidding procedure. Information is also
provided on the submission, opening, and evaluation of bids and on
the award of contract, Date of Start/Commencement of work.
Section-3 Owner’s Requirement:
This section includes brief scope of works, specify the scope of works
in terms of the quantity to assess the technical qualifying requirement
under the works and other specific technical requirement.
Section-4 General Conditions of Contract (GCC):
This Section contains the general clauses to be applied in all contracts.
Including penalty Clauses against non completion activities, default in
SOP etc. These Conditions are subject to the variations and additions
set out in Special Conditions of Contract.
Section-5 Special Conditions of Contract (SCC):
This Section supplements the General Conditions of Contract (GCC).
The provisions herein shall prevail over those in the GCC.
Section-6 Annexure and Contract Forms :
This Section contains the standard forms which are required to be
submitted as part of Bid and also required during execution of
contract.
 VOLUME-II
(Price Schedule in .xls Sheet will be available in the Official e-tender portal of
UPPTCL)

A. Price Schedule: (In.XLS Sheets)as below:

1
2
3
 Volume – I
Section-1
Notice Inviting Tender (NIT)
 Section-1
Notice Inviting Tender (NIT)

TENDER NOTICE NO. : DC-7 Date: _________________

Uttar Pradesh Power Transmission Corporation Ltd, Lucknow (UPPTCL), Office of the
Superintending Engineer, Electricity Substation Design Circle-II, Lucknow invites bid (in e-
tendering mode only) under single stage two-envelop system from Providing Consultancy Services
for Conducting Benchmarking Study on Transmission Business of UPPTCL & Preparation of
Benchmarking Report. The Estimated Cost (including GST) for carrying out the said works is
Rs. 31.27 Lakhs (Rupees Thirty One Lacs Twenty seven Thousand Only).

Complete set of bidding document is available on the official e-tender portal of UPPTCL
“etender.up.nic.in” and NIT on UPPTCL’s official web site “www.upptcl.org” from dt. 22.02.2024
at 12:30 hrs. up to dt. 26.03.2024 upto 12:30 hrs. Interested bidders may visit UPPTCL’s official
web site “www.upptcl.org” and official e-Tender Portal of UPPTCL “etender.up.nic.in” for
amendment /errata /corrigendum (if any) and any other information regarding this tender.

Note: Bidders are requested to regularly visit website and official e-Tender Portal of UPPTCL only
for amendment /errata /corrigendum (if any) and any other information regarding this tender, as the
same shall be published only on the website and official e-Tender Portal of UPPTCL.

Superintending Engineer,
Electricity Substation Design Circle-II
13th Floor Shakti Bhawan Extn. Building,
14-Ashok Marg, Lucknow-226001
E-mail: seedc2@upptcl.org
 Section-1

Notice Inviting Tender (NIT)

The intending bidder(s) can download the tender documents from website of UPPTCL
“www.upptcl.org” and official e-tender portal of UPPTCL “www.etender.up.nic.in”. However, for
the purpose of participation in the tender, bidder(s) are required to enrol themselves on the official
e-tender portal of UPPTCL “www.etender.up.nic.in” only.
1. The intending bidder(s) shall have to pay the non-refundable tender cost for an amount as
mentioned in the following TABLE-1, by way of RTGS/NEFT only in favour of the UPPTCL.
2. The intending bidder(s) shall have to submit the EMD by payment through RTGS/NEFT or
Irrevocable Bank Guarantee as per the format prescribed in the tender) for an amount as mentioned
in the following TABLE-1.
3. The bidder(s) shall scan the proof of Tender Cost paid through RTGS/NEFT and EMD paid
through RTGS/NEFT or by way of Bank Guarantee and shall upload the same in the prescribed
attachment in .gif or .jpg format and is required to submit the original documents to the undersigned
within 03 days from the date of opening of Technical Bid (Part-I).
4. Bank Guarantee should be submitted (in favour of the officer specified in tender notice) from a
Scheduled Commercial Bank in India, executed on a non-judicial stamp paper worth Rs. 5.00 per
thousand subject to a maximum of Rs. 10000.00 as per U.P. Stamp Act.
5. The prospective bidder(s) are advised to register their user ID, Password, company ID with
official e-tender portal of UPPTCL “www.etender.up.nic.in” by clicking on hyper link “Register
Me”.
6. Any clarifications on the project can be had from the undersigned during office hours prior to the
pre-bid conference.

Superintending Engineer,
Electricity Substation Design Circle-II
13th Floor Shakti Bhawan Extn. Building,
14-Ashok Marg, Lucknow-226001
E-mail: seedc2@upptcl.org
 TABLE-1
Sl.
Particulars
No.
Providing Consultancy Services for Conducting
A. Basic Details: Benchmarking Study on Transmission Business of
UPPTCL & Preparation of Benchmarking Report.
1. NIT No. & date
Superintending Engineer, Electricity Substation
2. Tender Issuing Department
Design Circle-II, Lucknow
3. Tender Reference Number DC-7
4. Stages Of Bidding Single Stage Two Part
5. Bid Validity 180 Days
B. Payment Instruction:
Yes
1. On Line
(Tender Fees: RTGS/ NEFT, EMD: BG/ RTGS)
C. Cover Information:
1. Fee Details of Tender Cost and EMD
2. Pre-Qualification/ Technical Documents related to PQR/ As per Tender
D. Tender Cost & Fee Details:
1. Tender Cost Rs. 1,770/- (including GST @ 18%)
2. Mode of payment-Tender Cost RTGS/NEFT
UPPTCL ICICI Bank A/C No. 628105038318
3. Tender Cost Payable to
(IFSC: ICIC0006281)
4. Tender Cost exemption allowed No
E. EMD Fee Details:
1. EMD Amount Rs. 31,500.00

2. EMD Fee Type Refundable

3. Mode of Payment BG/RTGS

Bank, A/C No. & IFC Code UPPTCL ICICI Bank A/C No. 628105038318
4.
(in case of RTGS) (IFSC: ICIC0006281)
Superintending Engineer, Electricity Substation
5. EMD Payable to
Design Circle-II, Lucknow
6. EMD exemption allowed No
F. Work Details:
Providing Consultancy Services for Conducting
1. Title Benchmarking Study on Transmission Business of
UPPTCL & Preparation of Benchmarking Report.
In general the scope of services covers
Benchmarking Study & preparation of
Benchmarking Report on UPPTCL's Transmission
business.
Collection of relevant data from various sources
2. Brief description of works
including TRANSCOs/ ERCs/ LDCs of other
comparable states having similar network
configuration and geographical area. Collection of
Data shall also include UPSLDC, NLDC and
CERC.
 Financial, Technical and Regulatory parameters are
to be benchmarked.
3. Place of the Works State of Uttar Pradesh
4. Estimated Cost of the Tender Approx. Rs. 31.27 Lakhs (including GST@18%)
5. Duration of Contract Three Months
Date: - 06.03.2024 at 12:30 hrs.
Venue: -
6. Pre-Bid Meeting Date & Time Office of the Director (Planning & Commercial),
UPPTCL, 5th floor, Shakti Bhawan Main Building,,
14-Ashok Marg, Lucknow-226001
G. Critical Dates & time:
Document Uploading Date &
1. 22.02.2024,12:30 hrs
Time
Document Download/Sale-End
2. 26.03.2024; 12:30 hrs
Date & Time
Bid Submission –Start Date &
3. 22.02.2024,12:30 hrs
Time
Bid Submission –End Date &
4. 26.03.2024; 12:30 hrs
Time
5. Bid Opening (Part-I)-Date & Time 27.03.2024; 15:30 hrs
Price Bid Opening (Part-II)-Date
6. To be informed later on.
& Time
7.

Superintending Engineer,
Electricity Substation Design Circle-II
13th Floor Shakti Bhawan Extn. Building,
14-Ashok Marg, Lucknow-226001
E-mail: seedc2@upptcl.org
 Volume – I
SECTION- 2
Table of Clauses
A. General
1. Scope of Bid
2. Definitions
3. Qualifying Requirement of Bidder
3.1 General Criteria
3.2 Technical Qualification & Minimum Performance Requirement
3.3 Financial Qualification
3.4Bidders Credibility Criteria
3.5 Bid Capacity

B. Important Instruction to Bidder- Documents-

4. Submission of Supporting Documents towards Qualifying Requirements
5. Documents to be furnished/uploaded

C. e-Bidding
6. e-tendering process
7. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting
8. Amendment of Bidding Documents

D. Preparation of Bids
9. Cost of Bidding
10. Language of Bid
11. Mode of Bidding
12. Alternative Bids and/or Conditional Bids
13. Bid Prices
14. Bank Details
15. Taxes Labour Cess and Duties
16. Period of Validity of Bids
17. EMD
18. THE EARNEST MONEY DEPOSIT (EMD) Shall be forfeited
19. EMD Exemption
20. Signing of the Bid

E. Submission and Opening of Bids

21. Mode of Submission of Bids
22. Deadline for Submission of Bids
23. Late Bids
24. Withdrawal, Substitution, and Modification of Bids
25. Bid Opening
F. Evaluation and Comparison of Bids
26. Preliminary Examination of Technical Bids Responsiveness
27. Calrification of Bids
28. Evaluation of Technical Bid (Part-I)
29. Detailed Evaluation of Technical Bids
30. Opening of price
31. Correction of Arithmetical Errors (price Bid)
32. Evaluation of Price Bids
33. Confidentiality of bid evaluation process
34. Owner’s Right to Accept Any Bid, and to Reject Any or All Bids

G. Award of Contract
35. Award Criteria
36. Letter of Award (LOA)
37. Performance Security(CPBG)
38. Signing of Contract
39. Date of Start
 SECTION- 2- Instructions to Bidders
A. General
1- Scope of Bid
In connection with the Invitation for Bid indicated in the Notice Inviting Tender (NIT), the
Owner, issues this Bidding Document for Providing Consultancy Services for Conducting
Benchmarking Study on Transmission Business of UPPTCL & Preparation of
Benchmarking Report which inter-alia covers three volumes (Volume-I & Volume-II in .xls
form). Bidder(s) are required to refer Volume-I for bidding process, eligibility and commercial
terms and conditions of the tender, detailed scope of works and technical particulars for
specified Work and Volume-II for Price Schedule uploaded in .xls format for the purpose of
participation in the tender. The Bid is intended to cover for providing Consultancy Services for
Conducting Benchmarking Study on Transmission Business of UPPTCL & Preparation of
Benchmarking Report.

Bidder(s) are requested to visit the Substation and get familiarized fully with the site
conditions & requirements before submitting the bid, preferably before pre-bid conference, if
any, at their own cost.
2.0 Definitions
The following words and expressions shall have the meanings hereby assigned to them:

“Bid(s)” shall mean the proposal submitted by the Bidder(s) in response to the tender invited
by the Owner through Notice Inviting Tender (NIT) published in the News Paper(s)/
Electronics Platform(s) under Single Stage Two Part bidding system (Part-I: TechnicalBid &
Part-II: Price Bid).
“Bidder(s)” shall mean Company/LLP incorporated under Companies Act-1956/ Companies
Act-2013, Proprietorship firm engaged firms engaged in similar activity of Study of
Transmission Systems who has shown interest and submitted their bid through the official e-
tender Portal of the Owner, against the Notice Inviting Tender (NIT) published in the News
Paper(s)/ Electronics Platform(s).
“Contract” means the Contract Agreement entered into between the Owner and the Contractor,
together with the other Documents referred to therein shall constitute the Contract.
“Contractor” means the successful bidder, who has been issued the Letter of Award or Letter of
Intent by the Owner and the same is accepted, is named as contractor and it also includes the legal
successors or permitted assigns of the Contractor.
“e-Bidding Document” shall mean the document(s) prepared by the Tender Issuing
Authority which contains Volume-I &Volume –II available in soft form on UPPTCL website
and official e-tender portal of the Owner and shall include Corrigendum/ Errata/
Amendment/ Clarification issued by the Owner during the bidding process from time to time.
“e-Tender Portal” shall mean the official e-tender portal, “etender.up.nic.in” used by
UPPTCL for the purpose of invitation of Bid(s) through electronics mode.
“Letter of Award (LOA)” shall mean the detailed work order issued by the Owner in favour
of successful bidder for execution of the works which inter alia includes the detail terms and
conditions, technical specifications and price schedule.
 “Letter of Intent (LOI)” shall mean the letter issued in favour of the successful bidder
intimating the award of works subject to compliance of certain conditions, if required, prior
to issue of the Letter of Award (LOA).
“Lowest Bidder (L-I)” shall mean the bidder whose price bid is found to be lowest after price
bid evaluation.
“Negotiated Price” shall mean the price after considering the discount offered by the Lowest
bidder (L-I) on the quoted price in the negotiation process.
“Owner” shall means Uttar Pradesh Power Transmission Corporation Limited (UPPTCL),
Lucknow, a Uttar Pradesh Govt. undertaking and shall include its Legal Representatives,
Successors or permitted assigns.
“Price Bid(s)” shall mean the Part-II Bid (other than TechnicalBid) offered by the Bidder(s)
i.e. Price Schedule available in the Official e-tender platform of the Owner against the tender
invited by the Owner.
“Responsive Bid” shall mean the bids found to be responsive on preliminary scrutiny
regarding submission of EMD, Tender Cost etc. in the tender floated by the Owner.
“Tender Issuing Authority” shall mean the head of the office from whom the tender has been
issued.
“Tender” shall mean the open tender invited by the Owner for the purpose of Providing
Consultancy Services on single stage two-part bidding system or any other mode of bidding
system as prescribed in the e-Bidding Document.
“TechnicalBid(s)” shall mean the Part-I Bid (other than Price Bid) submitted by the Bidder
as per the instruction and guidelines given in the bidding documents for the purpose of
meeting the qualifying criteria against the tender invited by the Owner.
“Technically Qualified Bidder(s)” shall mean the bidder(s) who fulfils the minimum Technical,
Financial, Commercial and other qualifying criteria prescribed in the tender.

3.0. Eligibility conditions & Qualifying Requirements of Bidders

3.1. General Criteria

This bid is open to prospective bidder(s) who shall be a corporate entity incorporated under
the Companies Act-1956/Companies Act-2013, Proprietorship firm engaged in having domicile in
India engaged in the business of Consultancy.
This bid is open to prospective bidder(s) who shall be meeting the minimum pass/fail
criteria specified below regarding the Bidder's Technical Experience and Financial Position as
demonstrated by the Bidder's responses in the corresponding Bid Schedule having domicile in India
engaged in the similar business as per Scope of work.
The Owner may assess the capacity and capability of the bidder, to ascertain that the bidder
can successfully execute the scope of work covered under the package within stipulated time
period. This assessment shall inter-alia include (i) document verification; (ii) details of works
executed, works in hand, anticipated in future; (iii) manpower and financial resources; (iv) past
experience and performance; (v) customer feedback; etc.
Bids from Joint Venture is not permitted.

UPPTCL reserves the right to waive minor deviations if they do not materially affect the ability of
the Bidder to perform the contract.
 3.2 Technical Qualification and Minimum Performance Requirements:
The bidder shall meet the following qualification requirements supported by authentic documents.
Bidders who do not possesses any of the following criteria will not be considered for further
evaluation:-
3.2.1 The consultant should be a registered firm/ legal entity/Institutions (including educational
institution such as IIT, IIM etc.).
3.2.2 The bidder shall have adequate domain knowledge and sufficient experience in the field of Power
Sector in the matter of Tariff Preparation and filing, related Regulations and Benchmarking Study.
3.2.3 The bidder must have experience of filing or evaluation of at least one ARR & Tariff/ MYT
Petition or Benchmarking Study for State/Central's Transmission Utility/CERC's/ERC's in
India subject to compliance of Clouse no. 29.3. Necessary documentary evidence such as work
award/ purchase order copies along with the satisfactory work completion certificate shall be
enclosed along with the tender.
# Following documents shall be submitted by bidder as evidence of Table (A) of technical
experience -
The bidder shall submit relevant work experience in the following format. The Experience
Certificates or Work Orders shall be issued by the owner. The copy of Work order/Experience
Certificate shall be submitted as supporting documents/evidence.
Table-A (Work Order Details)
Sl. Work Name Of the Name/ Work Executed Schedule Actual Performance Reference
No. Order No. Organisations Scope Order value in Completion Completion Issued By Doc.
& Date of the value in Rs. Lakhs Date Uploaded
Work Rs Lakhs (YES/NO)

Signature of the Consultant

3.2.4 The bidder should have adequate knowledge regarding Statistical methods/ models used for
Benchmarking Studies.
3.2.5 The bidder should have a well-equipped office with sufficient computers & associated peripherals,
well qualified & experienced system operating personnel required for successfully carrying out the
subject tendered studies.
3.2.6 The consultancy firm should have appropriate team on full time pay roll with requisite skills to
carry out the assignment with in time frame prescribed by UPPTCL.
3.2.7 The bidder shall provide minimum technical team comprising the members
having educational qualification & experiences as given below:
Minimum
Qualifications Minimum Minimum
Category
(Subject to compliance of Nos. Experience
Clouse no. 29.3)
Project Director BE & MBA or CA One 05 years
04 years in consultancy
service and had been
Project Manager BE & MBA or CA One
associated with
Benchmarking Study
BE (Electrical or 02 years in Consultancy
Assistant Manager One
equivalent) Service
3.3 Financial:
Unless otherwise specifically mentioned in the Bid Data Sheet (BDS), Bidder’s Financial
Qualification shall be;
(a) Minimum Average Annual Turnover (MAAT): The Minimum Average Annual Turnover
(MAAT) shall be Average of the Best Three Financial Years Turnover out of the Last
Five/Four Financial Years preceding to the year of NIT. In case the Bidder is in existence
for less than four financial years the Minimum Average Annual Turnover shall be average
of the turnover of the completed no of financial years. The bidder, who is in existence for
less than one complete financial year, shall not be eligible for Bid. However, the MAAT
shall not be less than the Amount (Estimated Cost/ Schedule Completion Period in
Year). For this purpose, the project related turnover of the bidding company on standalone
basis only (excluding its Associate companies/Holding Company) shall be considered. The
bidder shall meet the MAAT Qualifying Criteria as shown herein below:
Single entity JV/Consortium as a Lead partner of Other Partner (s) of JV/
whole the JV/ Consortium
Consortium
Must meet Not Acceptable Not Acceptable Not Acceptable.
100%
(b) Liquid Assets & Access To or Availability Of Credit; The liquid assets (Cash at Bank &
Fixed Deposit) and Un-Utilized credit facility (both Fund & Non Fund based) available
from bank(s) duly certified by the Bank(s) at the end of Month preceding to the previous
Month of Tender opening, shall not be less than 15% of the estimated cost of the
package. The bidder shall meet the Liquid Assets & Access to or Availability of Credit
Qualifying Criteria as shown herein below:
Single entity JV/Consortium Lead partner of the JV/ Other Partner (s) of JV/
as a whole Consortium Consortium
Must meet Not Not Acceptable Not Acceptable.
100% Acceptable
Net Worth: Net worth of bidder as per the audited financial results shall be positive on
the last day of the preceding financial year. Net Worth means the sum total of the paid-up
share capital and free reserves (excluding reserves created out of the revaluation of assets,
write back of depreciation provisions and amalgamation & Capital Reserve) net of
P&LA/C (Debit balance) and Miscellaneous Expenses to the extent not adjusted or written
off. In case of JV, both the partner shall have positive net worth as on last day of the
preceding Financial Year.
The Bidder shall furnish documentary evidence (Audited Annual Account & CA Certificate.
CA Certificate without UDIN No. will not be considered in support of the qualifying
requirement stipulated as above:

S. No. Financial Qualifications (Rs. In Lacs)

1 MAAT 31.27
2 LA 4.69
3 Net Worth Positive
3.4 Bidders Credibility Criteria :
 The bidder(s) who stand currently debarred by UPPTCL / Any DISCOM of UP / Govt. Of
UP or black listed by any Distribution / Transmission / Generation Utility/Govt.
Department in India as on the Schedule date of opening of bid shall not be eligible to
participate in this tender. This is also applicable to Joint Venture (Joint
Venture/Consortium) bidder. If any one of the Joint Venture partner suffers from any of
the above disqualification, the bids submitted by the Joint Venture/ Consortium shall be
rejected.
 The bidder(s) should not have any pending litigation with UPPTCL with regard to any
project/works or related activity. The bidder should certify/ declare the same in
unequivocal terms by way of an affidavit duly sworn before a Magistrate/ Notary. Bid
furnished by the bidder shall not be eligible for consideration if it is not accompanied by
the Affidavit. Further, the Bid/LOA/LOI shall be liable for outright rejection/ cancellation
at any stage if any information contrary to the affidavit is detected.
 The bidder(s) shall also disclose if it was black listed by any utility in the past and the
blacklisting order was subsequently withdrawn by the utility suo-moto or set aside by any
court order. Detection of the bidder’s non-disclosure of these facts at any stage will lead to
rejection of the bid or termination of the contract with forfeiture of EMD/ CPBG.
 The bidder should disclose, in case, it has been referred to NCLT, the status of the case
must be informed in the bid. The bid shall be liable for rejection depending upon the status
of NCLT case. Non-disclosure of this fact by the bidder will lead to rejection of the bid or
termination of the contract with forfeiture of EMD and/or Contract Performance Bank
Guarantee (CPBG).
3.5 Bid Capacity: Unless otherwise specified in the BDS, a bidder is eligible to participate in the
Works invited under the tender notice subject to meeting the Qualifying Criteria as
mentioned under Clause-4 above. However, prior to opening of the price bid of the Bidder(s),
their bid capacity qualification shall be considered for opening of the Price bid(s) in the
manner as explained under;
i. Bidder’s Bidder’s eligibility shall be based on the qualifying requirement
Eligibility mentioned under (Qualifying Requirements (QRs) of Bidder(s)
except Bidder’s Bid Capacity.
ii. Bidder’s The bidder shall be eligible for opening of the Price Bid based on the
Price Bid available bid capacity defined as under;
Opening Available bid capacity:
Eligibility = [(2 x A) – (0.5 x B) – *C)], should be equal to or more than the
based on the tendered estimated price .
Bidder’s Bid *This is applicable for a tender having multiple
Capacity Packages/Works only.
Qualification. where ,
A = Highest Project Related Annual Turnover of the Bidder on
Standalone Basis (excluding it’s Associated Companies/ Holding
Company as the case may be) in any financial year during last three
financial years.
B = Total Order Value of Ongoing Work /LOAs placed by UPPTCL
and Other Organizations on the Bidder on the date of opening of the
Technical bid excluding those which have been commissioned.
 C= Aggregate value of number Package(s)/Works finalized but yet to
be awarded in favour of the Bidder.
Note: In respect of (B) & (C) above for Joint Venture/ Consortium,
share of each partner would be as per agreed profit/work sharing
ratio in the Joint Venture /Consortium Agreement. In absence of the
same, it would be considered as equal sharing.
iii. Opening of The price bid of all the Technically qualifying bidder(s) shall be
the Price Bid opened on the date and time as decided by the UPPTCL and the
same shall be communicated to the eligible bidder through tender
portal. However, prior to opening of price bid of a bidder, it shall be
ensured that the bidder has available bid capacity limit considering
Para-ii above.
The bid capacity shall be considered based on estimated cost prior to
the opening of the price bid. If the evaluated price of the bidder
becomes (L-I), which exceeds the available bid capacity, the price
bid of the bidder shall not be rejected on this ground.
B- Important Instruction to Bidder - Documents

4. Supporting Documentary Evidence: Unless otherwise specifically mentioned in the Bid Data
Sheet (BDS), Bidder(s) shall be required to submit the following documentary evidence in
support of their qualifying requirement;
General Documents: The bidder must upload the Certificate of Incorporation, Electrical
HT/EHT License, PAN, GST Registration Certificate, EPF Registration Certificate, Board’s
Resolution towards Authorized Signatory etc..
Work Order Abstract: The Bidder must upload copies of the relevant Work Orders along with
Handing Over and Taking over Certificate or Client certified copies of Completion
Certificate in proof of successful execution of Works and Performance Certificates duly
signed by the competent authority of the Principal Owner in proof of successful operation of
the of works as per the format prescribed in Table-A.
Table-A
Sl. FY Name of Work Order Ref Qty. (No. of Sub- Date of Completion Reference
No. the Client (No. & Date) Stations) Installed / of Commissioning Document up
Erected loaded

(a) MAAT: The bidder must upload the certificate obtained from the Statutory Auditor in respect of
the Project related Annual Turnover of the company on Standalone Basis (excluding its
Associated Companies) based on audited accounts of the last Five Financial Years strictly as per
the format prescribed in Table-B.
Table-B
Sl. Financial Year Project Related Annual Turnover on Standalone Basis (excluding Associate
No companies) of the Bidder as per the Audited Accounts (in INR Cr.)

1
2
3
4
5
(b) Liquid Assets: The bidder must upload certificate obtained from the Bank(s) in respect of the
liquid assets (Cash at Bank & Fixed Deposit) and Un-Utilized credit facility (both Fund & Non
 Fund based) available from scheduled nationalized bank(s) strictly as per the format prescribed in
Table-C to be certified by Statutory Auditor of the Bidder.
Table-C

Sl. Liquid Assets Month Un-Utilized Credit Facility Total (A+B)

No. ending… Month ending… (in INR Cr.) (In INR Cr.)

(in INR Cr.)

1. Cash in Hand Cash Credit

2. Cash at Bank LC and BG

3. Fixed Deposits Others (Pl Specify)

Total –A Total -B

(c) Net Worth: The bidder must upload certificate obtained from the Statutory Auditor in respect of
Net Worth of the Company on Standalone Basis (excluding its Associated Companies) based on
audited accounts strictly as per the format prescribed in Table-D.
Table-D
Sl. No. Particulars Amount
(In Rs. Cr.)
01 Paid-up share capital
02 Free Reserves excluding the reserves created out of the
following;
i. Revaluation of assets.
ii. Write Back of depreciation Provisions.
iii. Amalgamation.
iv. Capital Reserve
03 Less, P&L A/C (Debit balance)
04 Less, Miscellaneous Expenses to the extent not written off.
05 Total: (5=1+2-3-4)

(d) The bidder must upload the undertaking certificate in support of their Credential Qualification
criteria strictly as per the prescribed format as above.
5. Documents to be furnished/uploaded: The Bidder shall furnish/upload documents against
Technical Bid-Part-I and fill in the .xls Schedules against Price Bid–Part-II in the manner as
prescribed below;
5.1.Technical Bid-Part-I :
(a) The following documents shall be furnished in original before the Tender Issuing Authority
within 07 days from the date and opening of the Technical Bid as indicated in the NIT.
(i) Proof of RTGS/NEFT towards Tender Cost, RTGS receipt/ Bank Guarantee towards
EMD
(ii) Power of Attorney (notarized copy) for signing the bid document.
 (iii) Original bank certificate towards Liquid Assets (Bank Balance & Fixed Deposit
Balance) and Un-utilized Credit facilities.
(iv) Affidavits of Bidders in Original
(b) Hard copy of technical bid documents attached in .pdf
Any late submission of documents as stated at Para (a) & (b) above shall be considered as
Late bid, hence, liable for cancelation/rejection of Bid.
(c) Following scanned documents in .PDF file to be uploaded on the Official e-Tender Portal of
UPPTCL “www.etender.up.nic.in” as an attachment along with Bid Proposal Sheet (BPS).
Sl. Description .Pdf file
No reference
1 Proof of RTGS/NEFT towards Tender Cost RTGS/NEFT/DD/BG Attach 1.pdf
towards EMD.
2 Power of Attorney (notarized copy) for signing the bid document. Attach 2.pdf
3 Scanned Copy of following documents/Credential in support of Attach 3.pdf
meeting Technical Qualifying requirement of the Bidder:
i. Work Order Abstract in Table-A
ii. Work Orders/LOA (including detailed Contract of works)
iii. Work Completion Certificate in respect of the work orders
furnished as above.
4 Scanned copy of Documents/credential in support of meeting the Attach 4.Pdf
Financial QR of the Bidder:
i. Audited Annual Accounts for last 05(five) years.
ii. MAAT Schedule (Table-B)
iii. Liquid Assets and Un-Utilised Credit Facility Schedule (Table-
C)
iv. Net Worth Schedule (Table-D)
v. Total Order Value of UPPTCL working Hand (if any) (Table-
A-2)
5 Scanned copies of Statutory Documents of the bidder; Attach 5.pdf
i. Certificate of Incorporation.
ii. IT PAN.
iii. GST Registration Certificate.
iv. EPF Registration Certificate etc.
v. HT/EHT License
6 Fraud Prevention Declaration as per the format (Annexure-VII) Attach 6.pdf

7 Bidder’s Information includes Bank Details (Annexure- VIII) Attach 7.pdf

8 Self-Declaration Form as per the format (Annexure-IX) Attach 8.pdf
9 Technical Deviation Schedule to be submitted by the Bidder as per the Attach 9.pdf
prescribed format duly signed and uploaded ( Annexure-X)
10 Commercial Deviation Schedule to be submitted by the Bidder as per Attach 10.pdf
 the prescribed format duly signed. (Annexure-XI)
11 Affidavit of Bidder (Annexure-XIV) Attach 11.pdf
12 BPS (Annexure-XVI) Attach 12.pdf
13 Any Other relevant documents < As per requirement of the tender> Attach 13.pdf

5.2 Price Schedules (in. XLS format) uploaded in the official e-Tender Portal of UPPTCL to be
filled in by the Bidder(s):

Sl.
Particulars Schedules in XLS format
No.
1 Components of Price Annexure A- Providing Consultancy Services for
Conducting Benchmarking Study on
Transmission Business of UPPTCL &
Preparation of Benchmarking Report.
5.3 Hard copy of the following documents shall be furnished in original before the Tender Issuing
Authority within 07 days from the date and opening of the Technical Bid as indicated in the NIT.
(i) Proof of RTGS/ NEFT towards Tender Cost, RTGS receipt/ Bank Guarantee towards EMD.
(ii) Power of Attorney (Notarized copy) for signing the bid document.
(iii) Original bank certificate towards Liquid Assets (Bank Balance & Fixed Deposit Balance)
and Un-utilized Credit facilities.
(iv) Affidavits of Bidders in Original.
C- e-Bidding
6.0 E-tendering Process:
6.1 e-Tendering information
6.1.1 Tender documents can be downloaded from the official e-Tendering Portal of UPPTCL,
www.etender.up.nic.in and website of the Owner “www.upptcl.org”
6.1.2 Bidders should have valid Class-III Digital Signature Certificate (DSC) obtained from any
Certifying Authorities for registration in the official e-tender portal of UPPTCL
“www.etender.up.nic.in”.
6.1.3 The prospective bidders are advised to register their user ID, Password, company ID with
official e-tender portal “www.etender.up.nic.in” by clicking on hyper link “Register Me” for
the use of Electronic Tendering.
6.2 Processing of Tender:
6.2.1 The Tendering Authority will first verify the documents submitted with it and determine the
responsive bidder(s).
6.2.2 The Tendering Authority will then open the Technical Bid of all the Responsive Bidder(s).
6.2.3 The downloaded documents are to be scrutinised by the UPPTCL to short list the technically
qualified bidder(s).
6.2.4 The Price bid of the shortlisted technically qualified Bidder(s), who fulfils the Bid Capacity
criterion shall be opened and evaluated by UPPTCL to ascertain the lowest evaluated price.
6.3 Disclaimer to the e-tendering:
6.3.1 Bidder should carefully note down the cut-off dates for carrying out each e-tendering
process/ activity. Bidders must follow the time table of e-tendering process and get their
activities of e-tendering processes done well in advance so as to avoid last minute technical
problem, if any.
6.3.2 Every effort is being made to keep the e-Tender Portal of UPPTCL up to date and running
smoothly 24 x 7 by the UPPTCL and the Service Provider. However, UPPTCL takes no
responsibility, and will not be liable for, if the e-Tender Portal of UPPTCL being temporarily
unavailable due to any technical issue at any point of time.
6.3.3 UPPTCL will not be responsible for any incomplete activity of e-tendering process of the
Bidder due to technical error/ failure of official e-Tender Portal of UPPTCL and it cannot be
challenged by way of appeal, arbitration and in the Court of Law.
7.0 Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting:
7.1 A Prospective Bidder requiring any clarification of the Bidding Document shall contact the
Owner in writing. The Owner will respond to any request for clarification, provided that such
request is received not later than Ten days (10) days prior to the deadline for submission of
bids. The owner’s responsibility is to respond at least seven days before deadline for
submission of bid.
7.2 The Bidder is advised to visit the sites and obtain for itself on its own responsibility all
information that may be necessary for preparing the bid and entering into a contract for the
provision of plant and services. The costs of visiting shall be at the Bidder’s own expense.
7.3 The Bidder’s designated representative is invited to attend a pre-bid meeting, if any. The
purpose of the meeting will be to clarify issues and to answer questions on any matter that
may be raised at that stage.
7.4 The Bidder is requested, as far as possible, to submit any question in writing, to reach the
Owner not later than one week before the pre-bid meeting, if any.
7.5 Clarification to the pre-bid queries raised in the pre-bid meeting, including the text of the
questions raised, a consolidated reply will be uploaded on the official e-tender portal of the
Owner and website of Owner. Any modification to the Bidding Document that may become
necessary as a result of the pre-bid meeting shall be made by the Owner exclusively through
the issue of an Addendum/ corrigendum/ errata/ clarification.
7.6 Non-attendance at the pre-bid meeting, if any, will not be a cause for disqualification of a
Bidder.
8.0 Amendment of Bidding Documents:
8.1 At any time prior to the deadline for submission of bids, the Owner may amend the Bidding
Document and/or extend the dead line of the tender by issuing addendum/ corrigendum/
errata.
8.2 Any amendment/ corrigendum/ errata issued shall be part of the Bidding Document and to
be uploaded on official e-procurement portal of the Owner and Owner’s website
8.3 To give prospective bidders reasonable time, considering the date of last amendment/
corrigendum/errata into account, the Owner, may extend the deadline for the submission of
bid, if consider essential for preparation of their bids properly.
D. Preparation of Bids
9.0 Cost of Bidding:
9.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid,
and the Owner shall not be responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
10.0 Language of Bid:
10.1 The Bid, as well as all correspondence and documents relating to the bid, exchanged by the
Bidder and the Owner, shall be written in the English language. Supporting documents and
printed literature that are part of the Bid may be in English/ Hindi Language.
11.0 Mode of Bidding:
11.1 The Bid shall comprise single stage two envelopes system (one called the Technical Bid-
Part-I and the other is the Price Bid-Part-II) which will be uploaded by the bidder in the
official tender portal of the Owner prior to the deadline for submission of the tender.
11.2 The bidder shall also be required to submit the hard form of the original documents as
mentioned under Clause-5.3 above before the Tender Issuing Authority within 07 days from
the date of opening of the Technical(Part-I) tender, failing which the bid will be cancelled.
11.3 The Price bid shall only be uploaded after entering the rates in the given price schedule (in
.xls sheet) available on the official tender portal of the Owner “etender.up.nic.in”. Price Bid
submitted through Hard Copy shall not be considered.
12.0 Alternative Bids and/ or Conditional Bids:
12.1 Alternative and or conditional bids like alternative time schedule, technical alternative,
alternative commercial conditions, price preference etc. and or any conditional bid what so
ever, shall not be allowed and considered.
13.0 Bid Prices:
13.1 The bidder shall indicate the total bid price in the price bid (Prices shall be quoted in e-
procurement portal only).
13.2 Detailed break-up covering all the components of total bid prices, shall be quoted in e-
procurement portal only.
13.3 The bidder shall indicate: i) the price for consultancy services. ii) Taxes, duties and levies to
be payable on the consultancy services.
13.4 The prices should be clearly quoted both in figures and words. In case of divergence of rates
in figures and words, it will be construed to consider the rates most favorable to the
Corporation.
13.5 If the rates quoted for consultancy service or taxes and duties is not clear & is ambiguous
UPPTCL reserves the right to overlook the offer.
13.6 Any variation in the rates etc., will not be allowed on any ground, such as a mistake,
misunderstanding etc., after the bid has been submitted.
13.7 If the firm becomes successful bidder (after evaluation of bids through evaluation method
adopted as explained elsewhere in the document), and does not agree to carryout
consultancy services, the E.M.D. of such firm will be forfeited and the firm will be
blacklisted.
14.0 Bank Details:
14.1 Bidder shall furnish the details of Bank account in the Bidder’s Information Schedule as an
attachment to facilitate Owner to release payment electronically through Electronic Fund
Transfer System.
15.0 Taxes, Labour Cess and Duties:
15.1 GST payable in respect of the transaction between the Contractor and Owner shall be shown
separately in the bid price.
15.2 Owner is to deduct GST TDS as per the extant provision of the GST Act from the Tax
invoices. The amount so deducted shall be deposited timely and necessary Return(s) filed.
15.3 Income Tax TDS as per the provisions of the Income Tax Act, 1961 is also to be deducted
from bills of contractor. TDS so deducted shall be deposited with the Income Tax
Authorities by the Owner and necessary Return filed timely.
15.4 The quoted price shall remain FIRM during the contract period and extended period, if any,
except statutory variation in the rate of applicable GST, which shall be to the account of
Owner against Tax invoice.
16.0 Period of Validity of Bids:
16.1 Bids shall remain valid for the period of 180 days from the date of opening of the Part-I
(Technical). A bid valid for a shorter period shall be rejected by the Owner as non-
responsive.
16.2 In exceptional circumstances, Owner may solicit the bidder’s consent for extension of the
period of validity. The request and the response thereto shall be made in writing (including
email or through tender portal). The EMD provided above shall also be extended by the
same period as the extension in the validity of the bid. A bidder may decline such a request
for extension beyond original bid validity period. In such a case EMD is not liable for
forfeiture.
17.0 Earnest Money Deposit (EMD):
17.1 The Bidder shall furnish as part of its bid, Earnest Money Deposit (EMD) in original form
and in the amount and currency as specified in the NIT.
17.2 The Earnest Money Deposit (EMD) is required to protect the Owner against the risk of
Bidder’s conduct, which would warrant forfeiture, if Bidder backs out. Hence, all bids shall
be accompanied with requisite Earnest Money Deposit (EMD).
17.3 The Earnest Money Deposit (EMD) may be deposited by way of, submission in form of
Bank Guarantee in the prescribed pro-forma from a Scheduled Commercial Bank as per list
at Annexure - VIII or payment through RTGS/NEFT. The scanned copy of the EMD duly
countersigned by the Bidder shall be uploaded in the tender portal and the original document
shall be submitted before the Tender Issuing Authority within 07 days from the date of
opening of the Technical Bid (Part-I).
17.4 Normally Earnest Money Deposit (EMD) BG shall remain valid for a period of 30 days over
and above the bid validity period. Non-submission of Earnest Money Deposit (EMD) in
accordance with the provisions mentioned in above Paras will make the bid non-responsive
and liable for rejection.
18.0 The Earnest Money Deposit (EMD) shall be forfeited:
a) If a Bidder withdraws its bid during the period of bid validity specified in the bid
documents or an extended bid validity period as agreed to by the Bidder from the
time to time; or
b) If a successful Bidder does not acknowledge the Letter of Intent (LOI)/ Letter of
Award (LOA); or
c) If a successful bidder does not execute the Contract Agreement within the stipulated
time schedule; or
d) If the successful Bidder fails to furnish the Contract Performance Bank Guarantee
within the stipulated time schedule.
18.1 Non-Responsive Bidder’s EMD shall be discharged/ returned promptly after opening of
Part-I of the Bid
18.2 The Technical Qualified bidder(s) EMD shall be kept valid and discharged upon the
Successful Bidder’s signing of the contract agreement and submission and acceptance of the
Composite Performance Bank Guarantee (CPBG).
18.3 The successful Bidder’s EMD shall be kept valid and discharged upon the Bidder’s signing
of the contract agreement and submission and acceptance of the Composite Performance
Bank Guarantee (CPBG).
18.4 No interest shall be payable by Owner on the EMD deposited in cash.
18.5 EMD & Performance security should be in favour of Concerned Tender Inviting Authority/
Beneficiary, S.E., Electricity Substation Design Circle II, Lucknow wherever it is
applicable.

19.0 EMD Exemption: Not Allowed.

20.0 Signing of Bid:
20.1 The original and all copies of the bid shall be stamped & signed by a person duly authorized
to stamp & sign on behalf of the Bidder prior to scanning and uploading the scanned
documents as an attachment while submitting the bid.
20.2 All pages of the bid where entries or amendments have been made shall be signed or
initialed by the person signing the bid.
20.3 Any interlineations, erasures, or overwriting shall be valid only if those are signed or
initialed by the person signing the bid.
20.4 The filled-in documents (price schedule) shall be construed to be signed digitally while
uploading such documents (price schedule) in the official e-tender portal of the Owner.
E- Submission and Opening of Bids
21.0 Mode of Submission of Bids:
21.1 The bidder shall submit the bid in Electronic Mode only in the approved official e-tender
portal of the Owner as given under e-NIT (Table-1). The bidder must ensure that the bids
are received in the specified official e-tender portal of Owner by the date and time indicated
in the Tender notice
21.2 The Bid, which is not submitted through official e-tender portal of the Owner and according
to the instruction, stipulated above shall be liable to be rejected.
22.0 Deadline for Submission of Bids:
22.1 The soft form of scanned documents (in.pdf) must be uploaded as an attachment by the
bidder on or before the due date & time. The filled in price schedule shall also be uploaded
by the bidder on or before the due date & time.
22.2 The Owner may, at its discretion, extend this deadline for submission of bids by amending
the Bidding Documents in accordance with ITB & for the reasons specified therein at any
time prior to the time and date of submission of bid, in which case all rights and obligations
of Owner and bidders will thereafter be subject to the deadline as extended.
22.3 The hard form of original documents [EMD and Tender Cost must be submitted within 07
days from the date of opening of the technical (Part-I) before the Tender Issuing Authority.
23.0 Late Bids:
23.1 The hard form of original documents [EMD and Tender Cost along with hard copies of the
entire technical bid (Part-I) must be submitted within seven days from the date of opening of
the technical (Part-I) before the Tender Issuing Authority.
23.2 In case the bidder fails to submit the above documents within the dead line, the same will
considered as “Late Bid”, thus, liable for rejection.
24.0 Withdrawal, Substitution, and Modification of Bids:
24.1 Bidder may modify or withdraw its bids as per the provisions through official e-tender
portal of the Owner up to due date and time of submission of bid indicated in tender
notification.
24.2 Bidder may withdraw its bid through the relevant provisions of e-tender portal only.
24.3 No bid shall be modified/ withdrawn subsequent to the dead line for submission of bids
unless otherwise specifically asked by the Owner to this effect.
24.4 Withdrawal/modification of submitted bid before the expiry of bid validity period shall
result in forfeiture of EMD.
25.0 Bid Opening:
25.1 The Owner shall open the Technical Bid (Part-1) of the responsive bidder(s) on due date and
time
25.2 Alternative or conditional bids submitted by the bidder shall not be opened and rejected.

F- Evaluation and Comparison of Bids

26.0 Preliminary Examination of Bids/ Responsiveness:
26.1 In case, the scanned copies of Tender cost/ EMD have not been uploaded, the bid shall be
considered as non-responsive and liable for rejection.
27.0 Clarification of Bids:
27.1 Owner may, at its discretion, ask any Bidder for a clarification on its bid. Any clarification
submitted by a Bidder that is not in response to a request by the Owner shall not be considered.
The Owner’s request for clarification and the response shall be in writing. If a Bidder does not
provide clarifications on its bid by the date and time set in the Owner’s request for clarification,
its bid may be rejected.
28.0 Evaluation of Technical Bid (Part-I):
28.1 The Owner shall examine the documents submitted towards Technical Bid (Part-I) to
confirm that all the required documents submitted by the bidder(s) are in order and without
any significant deviation or reservation.
28.2 During the scrutiny, if a bid is found to have significant deviation, reservation, or omission,
Owner may seek for additional information/clarification to ascertain for complete understanding
of the bidding document(s).
28.3 Even after submission of additional information/clarification, the material deviation,
reservation, or omission exists, it shall be rejected by the Owner: -
(a) If accepted, would affect in any substantial way the scope, quality, or performance of
the services specified in the Contract; or
(b) If rectified, would unfairly affect the competitive position of other Bidders presenting
substantially responsive bids.
28.4 Owner reserves the rights to waive any non-conformity in the bid that do not constitute a material
deviation, reservation or omission.
29.0 Detailed Evaluation of Technical Bids
29.1 The Owner will carry out a detailed Technical evaluation of the responsive bidders in order
to assess the Bidder(s) Qualifying Requirement on the basis of the documents in .pdf
uploaded as attachment by the biddersin accordance with the bid evaluation method as
explained elsewhere in the tender documents.
29.2 The Technical bids will be evaluated on the basis of the technical parameters furnished by
the bidder and score provisioned against each parameter is as hereunder:
Sr. Criterion Max.
No Points
1 Consultants relevant experience for the assignments (Any Tariff 80
/Benchmarking related assignments with State/Central Power
Utilities/state's electricity regulators/Central electricity regulators) as
per following breakup (Read along with clause 3.2.3)

1.a No. of Indian power transmission utilities/No. of ERCs (State/ Central in 50

India) worked with for consulting assignments on ERP/Business
Plan/ARR & Tariff/MYT Petition of state/central power sector since FY
2014-15 onwards including ongoing assignment.
1 utility/ERCs- 20 points, 2 utilities/ERCs- 30 points, 3 utilities/ ERCs- 40
points, 4or more utilities/ ERCs -50 points

1.b No, of assignments on benchmarking of Indian/Foreign associated with 30

 power utilities (including private sector) or ERCS.
1. assignments-15 points, 2 assignments-20 points, 3 assignments-25
points, 4 or more assignments- 30 points

2 Experience of Key staff (Read along with Clause 3.2.7) 20

2.a No. of years of experience (x) of Project Director 10

X=5 years-05 points, x>5 years-10 points

2.b No. of years of experience (y) of Project Manager 05

Y=4 years-03 points, y>4 years-05 points

2.c No. of years of experience (p) of Assistant to Project Manager 05

2≤p 4 years-03 points, p>4 years-05 points

Total (1+2) 100

29.3 Each responsive proposal will be given a technical score. The bidders /firm who have secured
minimum 60 (sixty) Marks in technical evaluation as per criteria laid down above shall be
considered for opening their part II, price bid. These criteria will be revised in pre- bid meeting
for any changes. Others’ financial bids will not be opened and their EMDs shall be returned
to them.
29.4 The tender evaluation committee constituted by UPPTCL for the purpose will carry out the
evaluation of Technical and price bids of the technically responsiveness firms.

29.5 A Bidder may be Technically Qualified based on the Qualifying Requirement mentioned
above.
30.0 Opening of Price:
30.1 Price Bid of those Bidders, who’s Bids are considered Technically Qualified are to be opened.
31.0Correction of Arithmetical Errors (Price Bid) : During the evaluation of Price Bids, the Owner shall
correct arithmetical errors on the following basis:
(a) The price of all such items(s) against which bidder has not quoted rates/amount (viz. items left
blank or against which “nil”/ “-“ / “0” is indicated) in the schedule will be deemed to have been
quoted free of cost or included in other item(s) and covered in the total quoted bid price. Such
item shall be supplied by the contractor free of cost during execution of work and incase of
quantity variation also it will be supplied without any liability to Owner.
(b) The Bidder should ensure that the unit prices for the same item(s) furnished in various price
schedules of the tender are consistent with each other. In case of any inconsistency in the Unit
prices furnished in the price proposal of the bidder, the same shall be identified. The highest unit
price of the bidder shall be considered for the purpose of evaluation. However, the contract shall
be awarded at the lowest unit price of the bidder.
(c) The prices quoted by the Bidders shall be checked for arithmetic correction, if any, based on rate
and amount filled by the Bidder in the respective price schedule. If there is a discrepancy between
unit price and the total price that is obtained by multiplying the unit price and quantity, the unit
price shall prevail and total price shall be corrected. If there is a discrepancy in the quantity
mentioned by the bidder from the quantity mentioned in the tender, the tendered quantity will
prevail.
32.0 Evaluation of Price Bids:
32.1 Prices received in the price bid sheet (.XLS Format) shall be used for Tabulation/ Price Bid
Comparison. The soft form of price bid filled in to the .XLS format shall be final and
binding on the Contractor.
32.2 The evaluated prices (Exclusive of GST) of all the Bidders shall be compared to determine
the lowest evaluated price. The final Lowest Evaluated Price (L-I) will be arrived at after
addition of GST at applicable rate to the Lowest Evaluated Price (Exclusive of GST).
33.0 Confidentiality of bid evaluation process:
33.1 Information related to the examination, clarification, evaluation and comparison of bids and
recommendations for award of contract shall not be disclosed to Bidder or other person not
officially concerned with such process.
34.0 Owner’s Right to Accept Any Bid, and to reject any or All Bids:
34.1 The Owner reserves the right to accept or reject any bid, and to annul the bidding process
and reject all bids at any time prior to award of contract without assigning any reason. In
such case, the Owner will not be liable for the loss suffered by the Bidder(s).
34.2 In case of annulment, all bids submitted and specifically, EMDs shall be promptly returned
to the Bidders.
 G- Award of Contract
35.1 The Owner shall award the Contract to the Bidder whose offer has been found to be the
lowest evaluated bid and the total evaluated price is reasonable and within the permissible
limit of the estimated cost of the works as per the extant policy and practice of the Owner and
duly approved by competent Committee of the Owner.
35.2 However, before award of the contract, the Owner reserves the right to cancel the award taking
into cognizance of any significant adverse development against the Bidder.
36.0 Letter of Award (LOA):
36.1 Letter of Award (LOA) shall be issued in favour of successful bidder at L-I price with due
adjustment of any discount/ rebate agreed to by the bidder during negotiations, if any.
36.2 The Letter of Award (LOA) shall inter-alia include the Scope of Works in brief, detailed Price
Schedule, Terms and conditions etc.
36.3 During execution of the Contract, the clauses mentioned in the LOA shall be considered. In
case any of the clauses not mentioned in the LOA, the clauses mentioned in the reference
Contract Document including Bidding Document shall be final and binding on the bidder.
36.4 The successful bidder shall acknowledge & accept the LOA within a week un-conditionally.
Conditional acknowledgement of the LOA shall be construed as non-acceptance of offer.
36.5 Owner shall also reserve rights to issue Letter of Intent (LOI) instead of issuing Letter of
Award (LOA) in favour of the successful bidder with certain instruction to comply. After
such compliance by the bidder, LOA may be issued.
36.6 In an event, the successful bidder doesn’t acknowledge the LOI/ LOA within due date and no
contract has been executed, the works may be awarded to the bidder in ascending order of their
evaluated prices subject to matching the quoted L-I price of the lowest bidder and the EMD of
L-I bidder shall be forfeited.
36.7 In the event, the L-I bidder backs out and other Technically qualified bidder(s) do not agree to
match L-I price, the Owner may opt for Snap Bidding under special circumstances as per the
extant policy of the Owner.
37.0 Performance Security (CPBG):
37.1 Within twenty-eight(28) days of the receipt of Letter of Award, the Bidder shall be required to
furnish a Contract Performance Bank Guarantee (as per the prescribed format) issued by a
scheduled commercial bank of India in favour of the Owner.
37.2 The Bank Guarantee is a composite one. It acts as Security against the risk towards
Successful Performance.
37.3 The Contract Performance Bank Guarantee (CPBG) amount shall be equal to ten percent
(10%) of the Contract Price (including GST). The CPBG shall be valid for 45 days over and
above work completion period plus Guarantee Period (i.e. 01 year). If the works completion
period gets extended, the Contract Performance Bank Guarantee shall be extended
accordingly. In case the contract price gets revised over and above five percent, the
Contractor shall submit the enhanced Bank Guarantee to that effect.
37.4 The aforesaid CPBG shall be returned to the Contractor after successful completion of the
guarantee obligations under the contract.
37.5 In case the successful bidder fails to submit the CPBG within the schedule time or even after
extension of time allowed to him, the Letter of Award (LoA) is liable to be cancelled and
EMD will be forfeited.
38.0 Signing of Contract:
38.1 After submission and receipt of confirmation of CPBG from the Bank, within thirty days of
issue of Letter of Award, the contractor shall sign the Contract Agreement as per the
prescribed format which contains e-Tender Document, Pre-Bid minutes if any, Letter of
Award including Price Schedule etc.
39.0 Commencement of Work:
The work shall be deemed to have commenced with effect from the date of issue of Letter of
Intent (LOI)/LOA.
 Section 3 - Owner’s Requirement

Table of Contents

1 Main Objectives of The Study

2. Scope Of Work
 Owner’s Requirement
1. MAIN OBJECTIVES OF THE STUDY:
The Objective of the Benchmarking study is to:-
 Provide a set of baseline indicators against which to measure future changes in technical and
financial performance of UPPTCL and which shall help in providing useful information on the
relative efficiency w.r.t. network opex, capex, total expenditure of the comparable various states
transmission utilities.

 The Study shall benchmark the UPPTCL capital, O&M, operational performance parameters and
innovative practices against various comparable State Transmission Utilities having similar aged
transmission network.

 The study shall identify the most efficient State Transmission Utilities in the sector w.r.t. financial
and technical parameters and to benchmark UPPTCL’s transmission business which shall help in
assessing the impact of various SERC/CERC tariff regulation on network costs, productivity and
tariff.

 To reveal performance variations amongst the regulated State Transmission Utilities in order to
achieve desired policy objectives including minimum service standards for delivering electricity
economically and reliably.

 Provide condensed findings with recommendations for improving the measurable parameters and to
underline best practices adopted by the better-performing electricity Transmission utilities of India.
2.0 SCOPE OF WORK:

In general the scope of services covers preparation of Benchmarking Report on UPPTCL's

Transmission business. Collection of relevant data from various sources including
TRANACOs/ ERCs/ LDCs of other comparable states having similar network configuration
and geographical area. Collection of Data shall also include UPSLDC, RLDCs / NLDC and
CERC. Benchmarking study has to be completed within 90 days after issuance of LoI.

Financial, Technical and Regulatory parameters are to be benchmarked and accordingly

following input and output parameters shall be considered while carrying out benchmarking
study.

A. Benchmarking of Financial Parameters-

Parameter A1: Operation and Maintenance expenses- Benchmarking of Operation & Maintenance
(O&M) expenses. Under this head, analysis is to be carried out separately for following three sub-
heads of expenses:

i. Employee Expenses.
ii. A&G Expenses
iii. R &M Expenses

Benchmarking of total O&M Expenses is to be carried out in Rs. Lakh/ ckt. km. & Rs. Lakh/MVA for
Lines, GFA (in crore) & Transmission Capacity respectively at various voltage levels.
 Transmission Lines
Rs. Lakh/ Ckt. km
HVDC(Rs. Lakh)
765kV
400kV
220kV
132kV
Transformation Capacity
Rs. Lakh/MVA
Bays
Rs. Lakh/Bay
765kV
400kV
220kV
132kV

Parameter A2: Capital Expenditure- Under this head there shall be the following categories:
i. 765KV S/C Transmission line
ii. 400KV D/C Quad Transmission line
iii. 400KV D/C Twin Transmission line
iv. 400KV S/C Twin Transmission line
v. 220KV D/C Twin Transmission line
vi. 220KV D/C Transmission line
vii. 220KV S/C Transmission line
viii. 132KV D/C Transmission line
ix. 132KV S/C Transmission line
x. New132KV AIS/GIS Sub Station
xi. New220KV AIS/GIS Sub Station
xii. New400KV AIS/GIS Sub Station
xiii. New765KV AIS/GIS Sub Station
xiv. Any other (which is required and considered as important).

The benchmarking of Capital Expenditure will have to be carried out with respect to Transmission Capacity,
Line Length, GFA, Energy Handled and Peak Demand Handled. Further other financial parameters such as
Receivables, Equity, Loan or any other which is required and considered as important should be
benchmarked.

Parameter A3: Comparison of investment in Digitalization of transmission system V/s other

investments trends/Ratio for Transmission system. Stand-alone as well as
compared to reliability and O&M costs.
Parameter A4:
 Comparative study of Schedule of Rates (SOR)
 Benchmarking of Inventory management practices.
 Comparative analysis of cost for addition of GIS Bays at existing
765/400/220/132kV GIS substation.
 Comparative analysis of Transmission Tariff with duly conversion of capacity
base tariff to actual energy transmitted base tariff.
 Comparison of tariff under cost plus approach vis-à-vis competitive bidding
(TBCB) approach.

B. Benchmarking of Technical parameters-

 Intra State Transmission Losses – Consolidated and at various voltage levels.
 Methodology for computation of A.C. System Availability for the transmission network.
 Benchmarking of voltage level wise overloaded feeders, overloaded transformers and failure of
transformers.

C. Benchmarking of Man Power norms for Transmission substations (voltage

level wise)
(i) For Substations- Voltage wise/ No.
(ii) For Transmission line- Voltage wise/ Km.

D. Benchmarking of Regulatory Practices;

Assessing the impact of various SERC/CERC tariff regulation on network costs and tariff
and comparison of method for determination of Transmission Tariff in various states and
centre.

Following services are included in the scope of work-

a. Analyze and recommend at least two feasible benchmarking techniques most
relevant in context of UP from the list below which should be approved by
UPPTCL:
b. Partial Performance Indicator (PPI) Method
c. Total Factor Productive (TFP) Method
d. Econometric Method
e. Any Other technique adopted in India
f. Selection of Seven (07) comparable State Transmission Utilities out of Eleven (11)
major States of India namely Haryana, Punjab, Rajasthan, Madhya Pradesh,
Maharashtra, Gujarat, Karnataka, Tamil Nadu, Bihar, Odisha, West Bengal (at least
Two State from Northern Grid Region) having similar transmission network
configuration and geographical area capturing of the data from the same for the
purpose of benchmarking study.
g. Review of benchmarking norms/ expenditure adopted by CTU (PGCIL) and other
STU’s and its comparison with the UPPTCL norms/ expenditure (after
benchmarking study).
h. Collection and analysis of the Technical, Financial and Regulatory data required for
conducting Benchmarking Study and Preparation of Benchmarking Report.
i. Collection of relevant data from various sources including aforementioned at least
 seven State's TRANSCOs/ ERCs/ LDCs. Collection of data shall also include
UPSLDC, RLDCs/ NLDC and CERC.
j. Making presentation on the 'Draft Benchmarking Report' before UPPTCL. Before
the presentation, submission of 'Draft Benchmarking Report' before the Director
Planning & Commercial, UPPTCL.
k. Preparation and submission of suitable response to the data gaps/ deficiencies if
any in the Draft Benchmarking Report as observed by UPPTCL.
l. Preparation of replies to the quires/ comments to the satisfaction of UPPTCL.
m. Based on final inputs provided by UPPTCL preparation of the Final Benchmarking
Report which is to be submitted before the Director Planning & Commercial,
UPPTCL
n. The consultant shall have to submit all the supporting documents (in soft and hard
copy both) from which input data has been fetched while preparing Benchmarking
Report. Based on the results of Benchmarking Study consultant shall also have to
provide Financial, Technical and Regulatory performance formats for collection of
information from various units of UPPCL/UPSLDC
 Section 4 - General Conditions of Contract
These General Conditions of Contract (GCC) are based on the Works and Procurement Policy of
UPPTCL and Contemporary Policy & Practices used in Domestic Competitive Bidding for
Procurement of Works. The GCC contains general clauses to be applied on the execution of Works
contracts. The GCC in this Section, read in conjunction with the Special Conditions of Contract in
Section-5 and other documents listed therein, should be a complete document expressing all the
rights and obligations of the contracting parties. The General Conditions herein shall not be altered.

Table of Clauses
A. Contract and Interpretation
1. Definitions
2. Contract Documents
3. Interpretation
4. Communications
5. Law and Language

B. Terms & Conditions of Contract

6. Change of Scope
7. Amendment Of LOA
8. Acquisition of Land (S/S Work)
9. Monitoring the Progress of Works
10. Inspection at Factory/Site
11. Delivery Instruction (DI)
12. Indemnity Bond
13. Contract Performance Bank Guarantee (CPBG)
14. Validity of BG and Insurance
15. Ensuring Safety of Materials/Equipment & Workman
16. Time for Commencement and Completion
17. Grant of extension of Time
18. Contractor’s Responsibilities
19. UPPTCL’s Responsibilities
20. Electrical License.

C. Payment
21. Contract Price
22. Mode Of Payment
23. Terms of Payment
 24. Taxes and Duties

D. Intellectual Property
25. Patent & Royalties
26. Confidential Information

E. Execution of the Facilities

27. Representatives
28. Work Program

F. Guarantees and Liabilities

29. Guarantee and Warranty
30. Latent Defect Warranty
31. Limitation of Liability

G. Risk Distribution
32. Force Majeure

H. Contract Delay and Default

33. Contract Delay
34. Liquidated Damage
35. Event of Default
36. Termination of Contract
37. Short Closure
38. Execution of Balance Works
39. Debarring of Contractor (High Risk Contractor):
40. Blacklisting of Contractor(s)

I. Disputes, Arbitration and Jurisdiction

41. Dispute Resolution
42. Arbitration
43. Jurisdiction of the Court

J. Performance Evaluation, In-Eligibility and Grafts & Commission

44. Contractors Performance Feedback & Evaluation System
45. In-eligibility for future tenders
46. Grafts & Commissions
K. Closure of Works
47. Punch Points
48. Handing Over and Taking Over
49. Material and Works reconciliation
50. Payment reconciliation and Final Payment
 A. Technical Terms of Contract and Interpretation
1. Definitions The following words and expressions shall have the meanings hereby assigned
them:
a. “Contract Agreement” means the Contract Agreement entered into
between the UPPTCL and the Contractor, together with the Contract
Documents referred to therein; shall constitute the Contract.
b. “Contractor” means the successful bidder, who has been issued the Letter
of Award or Letter of Intent by the UPPTCL and the same is accepted, is
named as contractor and it also includes the legal successors or permitted
assigns of the Contractor.
c. “Contractor’s T&P” means all equipment, machinery, tools, apparatus,
appliances or things of every kind required for execution of Maintenance
Services.
d. “Contractor’s Representative” means any person nominated by the Board
of Directors/ Authorized Officers of the Company to perform the duties &
responsibilities under the contract”.
e. “Owner” shall mean Uttar Pradesh Power Transmission Corporation
Limited (UPPTCL), Lucknow, an Uttar Pradesh Govt. undertaking and shall
include its legal representatives, successors or permitted assigns.
f. “Effective Date” means the date reckoned from the date of issuance of
Letter of Award.
g. “Engineer Of Contract” means the Officer so authorized by UPPTCL to
act as Engineer of Contract (EOC) and shall represent and act on behalf of
UPPTCL for the pre-tendering and post-tendering activities as well as
Management of the contract.
h. “Engineer In-Charge (EIC)” means the officer so appointed by UPPTCL
to act as Engineer In-charge (EIC) who is so delegated by UPPTCL to look
after day to day performance of the contract at site.
i. “GCC” means the standard commercial terms and conditions regulating the
contract.
j. “SCC” means any requirement of addition/ modification to the clauses of
GCC, incorporated in the SCC (Special Conditions of Contract) which
supersede the GCC to that extent.
k. “Services” means all those services to be provided by the Contractor under
the Contract,
l. “Transmission Lines” means the EHV Transmission Lines (Over Head or
Underground).
m. “Substations” means the 132/ 220/ 400/ 765 kV AIS/Hybrid/GIS
substations
n. “Technical Specifications’ shall mean the standards mentioned in the
 Technical Specifications (volume-I) to which the works executed under the
contract must conform.
o. “Works” means activity done for Providing Consultancy Services for
Conducting Benchmarking Study on Transmission Business of
UPPTCL & Preparation of Benchmarking Report as per the
specifications and standards.
p. Standards of Performance (SOP) means maximum time allowed for
rectification of defect/ replacement of different equipment and deviation
beyond which shall invite penalty.
2. Contract The Term Contract Documents shall mean and include the following, which
Documents shall be deemed to form an integral part of the Contract and they are intended to
be correlative, complementary and mutually explanatory and shall be read as a
whole.
a. Contract Agreement.
b. E–NIT, e-Tender Document i.e.-Volume-I: ITB, GCC, SCC, Annexure(s),
Scope of Works & Technical Specifications etc. and Volume-II: Price
Schedule.
c. Pre-Bid minutes, if any.
d. Corrigendum/ Addendums, if any.
e. Technical and evaluated price bid. Any significant correspondence made
between UPPTCL and Contractor prior to the Award of Contract except to
the extent of repugnancy.
f. Letter of Intent/ Letter of Award including BOQ &Price Schedule.
The Letter of Award (LOA) and its subsequent amendments shall supersede all
communications, negotiations and agreements (whether written or oral) of
parties with respect thereto made prior to the date of Contract.
3. Communication Wherever the Conditions provide for giving or issuing of approvals, consents,
notices, requests and discharges, these communications shall be:

(a) In writing and delivered to recipient’s address as stated in the Letter Of

award (LOA); and/ or
(b) Mailed to the official e-mail as stated in the Letter Of award (LOA).

4. Law and Language The Contract shall be governed by and interpreted in accordance with laws of
India.
 The ruling language of the Contract shall be English and/ or Hindi.
 The language for communications shall be English and/ or Hindi.
B- Terms and Conditions of Contract
5. Price Basis The rates indicated shall be FIRM throughout the currency of the Contract and
shall not be subject to any Price Adjustment.
The quoted prices shall be inclusive of all applicable statutory taxes and levies.
Any change in taxes and levies during the course of execution of contract the
same shall be absorbed by the agency. However breakup figures of applicable
statutory taxes and levies shall be indicated separately in Price bid (to be quoted
 in e-portal only).
6. Duration of the The period of Contract shall be 03 (Three) Months from the effective date of
Contract contract.The effective date of the contract shall be date of commencement given
by Engineer of Contract as per LOA.
7. Extension of The increase in the contract value up to 10% may be done by Engineer of
contract Period Contract and beyond that by approval of Competent Authority. However, this will
be sole prerogative of UPPTCL and contractor shall have no right to ask for
extension.
8. Scope/ Quantity The parameters may get increased or decreased during the contract period and the
Variation scope of work may vary accordingly without any change in the Unit Price of
Contract agreement.
9. Delivery The overall study in all respects including submission of final report shall be
Schedule completed within three months from the date of issue of Letter Of Intent.
10. Indemnification: Contractor shall keep Owner indemnified against all claims/ liability
whatsoever on account of statutory payments, costs, damages and charges
arising out of personal injury/ disability or death of contractor's employees/
personnel caused by any reason what so ever. Owner will not be responsible for
any injury, damage etc. caused to any of the Employee/personnel put on the job
by the contractor directly or indirectly. In the event of any claim, Contractor
will be solely responsible to meet such claim sand Owner will not entertain any
claim whatsoever in this regard.
The Contractor shall keep the Owner indemnified in case any action is taken
against the Owner by the competent authority on account of contravention of
any of the provisions of any Act or rules made there under regulations or
notifications including amendments.
The Contractor will indemnify UPPTCL against all actions suits, claims,
demands, costs or expenses arising in connection with injuries of persons
employed by the Contractor or its sub-contractor(s) on the work, whether under
the Workmen Compensation Act, 1923, or any other Statute in force during the
period of contract. The contractor is required to take necessary policy or policies
of insurance to cover such indemnity.
The Contractor shall indemnify the Owner, its officers and employees from and
against all actions, claims, demand, suits and proceedings by the third party for
the acts/omissions of the Contractor and all costs, charges, expenses, losses,
damages, duties, taxes, penalties, levies, and all other liabilities which the
Owner may be liable to pay, incur or sustain as a result of performance or non-
performance, observance or non-observance by the Contractor of any of the
terms and conditions of the Contract.
11. Guarantee & The Contract Performance Bank Guarantee (CPBG) including additional Security
BG (CPBG) Amount acts as Security against the risk towards successful completion &
performance of Works.
If the contractor fails to execute the works as per the contract or abandons the
work mid-way, CPBG is invoked/ encased after giving adequate opportunity to
the contractor. The amount so received on encashment of CPBG would be
utilized to carry out the balance work at the risk and cost of the Contractor,
 surplus amount if any, would be refunded back to the contractor.
12. Ensuring Safety Insurance:
of Workman and The Contractor shall be responsible for the safety of all persons employed by it or
Insurance by its sub-contractor and compensation against any mishap. To Insure against any
contractor fatal/ non-fatal accidents, each workman engaged by the contractor shall have to
be insured for a minimum amount of Rs. 10.00 Lakhs through any Public Sector
Insurance company. The Contractor shall make provision for above while quoting
the rates including arrangement of necessary insurance against Workmen
Compensation Act, 1923, or any other Statute in force during the period of
contract.
In case an accident happens, the affected person(s) must be immediately
administered first-aid and all efforts made to immediately shift to nearby
Hospital or any other such place for medical treatment. The Contractor shall be
responsible for arranging all the medical facilities required for the treatment
and shall bear the complete cost of medical expenses for which contractor shall
take adequate insurance policy.
In case of any accident (fatal/ non-fatal), the contractor shall provide the
required compensation to the affected person/family as per. The Code/Acton
Social Security and the Occupational Safety, Health &Working Conditions
Code/ Act. The contractor’s failure in this regard shall not relieve him of any of
his contractual responsibilities & obligations and the owner will not entertain
any claim in this regard.
13. Cyber Security: Contractor’s manpower shall not indulge in unauthorized access of the Owner’s
PCs/ Work Stations and comply with Cyber Security in Power Sector Guidelines,
2021 dated 07.10.2021 issued by Secretary C.E.A., Information Technology &
Cyber Security Division, Central Electricity Authority, Ministry of Power
Government of India and all other time to time instructions issued further by
them.
The photographs taken by contractor during maintenance activities and
drawings, specifications, diagrams, technical, operational & other information
provided by owner shall not be shared by contractor with any Agency/person
other than that authorized by Owner.
The Contractor shall be responsible for the care and custody of spares during
handling.
C- Payment
14. Mode of Payment The mode of Payment shall be through RTGS.
Payment will be made in Indian Rupees only.
15. Terms of The bills are required to be submitted to the concerned Engineer-in-Charge, for
Payment verification and processing for arranging payment.
(a) Seventy percent (70%) amount of the total contract price shall become
payable upon submission of Benchmarking Report to the UPPTCL.
(b) Twenty percent (20%) amount of the total contract price shall become
payable upon completion submission of replies, plugging of data gaps, if
any.
(c) Ten percent (10%) amount of the total contract price shall become
payable after final approval of Benchmarking Report and submission of
salient features of the same to UPPTCL.
 All the payments to be made directly to Contractor under the contract shall be
made by UPPTCL through RTGS/NEFT directly.
Applicable Income tax TDS, GST, TDS etc. as per the rules shall be deducted at
source from the above payments including applicable deduction against
defaults / delay as per clause no.19 and only the net payment shall be released.
Necessary TDS certificate shall be issued to contractor.

The payment shall be regulated as per accepted & awarded rate only.
Contractor shall not be entitled to any extra payment compensation or
remuneration relating to work done during unfavourable weather or relating to
any special arrangements made to the work as per the schedule of items.
NoextrapaymentshallbemadetotheContractorforworkingonholidaysandduringo
dd hours.
Noadvancepaymentshallbeadmissibleunderanycircumstanceswhatsoever.

D- Intellectual Property
16. Contractor shall keep confidential and shall not, without the written consent of
the UPPTCL hereto, divulge to any third party any documents, data or other
Confidential
information furnished directly or indirectly hereto in connection with the
Information
Contract, whether such information has been furnished prior to, during or
following termination of the Contract. Notwithstanding the above, the
Contractor may furnish to its Vendor(s)/Subcontractor(s), if any, such
documents, data and other information it receives from the UPPTCL to the
extent required for the Vendor(s)/Subcontractor(s) to perform their work under
the Contract, in which event the Contractor shall obtain from such Vendor(s)
/Subcontractor (s) an undertaking of confidentiality similar to that imposed on
the Contractor under this clause.

The Contractor shall not use such documents, data and other information
received from the UPPTCL for any purpose other than services as are required
for the performance of the Contract.

The above provisions of this clause shall not in any way modify any undertaking
of confidentiality given by either of the parties hereto prior to the date of the
Contract.

E- Execution of the work

17. UPPTCL’s Engineer-In-Charge (EIC):
Engineers of Engineer -in-charge(s) for above contract shall be Superintending Engineer,
In-charge & (Commercial), UPPTCL.
Engineers of
Contract The Scope of duties of the Engineer-In-Charge, pursuant to the contract, will
(EOC): include but not be limited to the following:
i. Supervise day to day activity of the work and ensure quality with reference
to the Contract Agreement.
 ii. Provide and Monitor the Work Progress.
iii. Review and suggest improvement on time to time basis.
iv. Review/Examine the Quality of Man Power, Reports.
v. Upon successful completion the EIC shall ensure that Consultant should
submit all the documents and Consultant should explained him from which
input data has been fetched while preparing Benchmarking report. If no
claim is pending against the contractor, the certificate to this effect shall be
issued by the Supervising Engineer.
vi. Issue notices, instructions, orders, certificates, approvals and other
communications under the Contract
vii. Any other work relating to performance of the Contract.
viii. Certify the work for progressive payment as well as final payment.
ix. Receive the monthly progress report and invoices from contractor and
further process the payment of the bill.
UPPTCL’s Engineers Of Contract (EOC):
The Engineers Of Contract (EOC) shall be Superintending Engineer, Electy.
Substation Design Circle-II, UPPTCL, Shakti Bhawan, Lucknow.
The EOC shall represent and act for the UPPTCL at all times during the
performance of the Contract. The Scope of duties of the Engineer of contract,
pursuant to the contract, will include but not be limited to the following.
i. Discharge the function diligently in respect of entire Pre-award activities.
ii. Issue of LOA following the completion of tendering process and approval of
competent authority.

iii. Acceptance of CPBG, keeping in safe custody, ensuring renewal from time to
time etc.

iv. Signing of Contract and keeping it in safe custody Contract Agreement along
with all necessary documents.

i. Oversee the performance of the contractor.

ii. Look after the Dispute Resolution with the Contractor.
iii. Issue notices, instructions, orders, certificates, approvals and other
communications under the Contract.
iv. Any other work relating to performance of the Contract.
Contractor’s Local In-charge:

The Contractor should appoint minimum 01 personnel of proposed team is

required to be necessarily stationed in Lucknow during the period of
Benchmarking Study and submission of Benchmarking Study Report to
UPPTCL. The Consultant's Team would have to be available at UPPTCL's
Commercial Directorate to perform the scope of work in terms of replying to data
gap queries and stake holder's queries, participation in public hearing and other
aspects of the scope of work.

E - Force Majeure
18. Force Majeure “Force Majeure” shall mean conditions beyond control of either parties like war,
hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage
by fire, explosions, epidemics, lockouts or acts of God that come under the legal
concept of Force Majeure (FM).
a) For the purposes of this contract “Force Majeure” means, an event which
could not reasonably have been avoided by a diligent party in the
circumstances, which is beyond the reasonable control of a party and
which makes a party’s performance of its responsibilities hereunder
impossible or so impractical as reasonable to be considered impossible in
the circumstances and includes, but is not limited to, war, riots/civil
disorder, earthquake, storm, flood or other adverse weather conditions,
strikes, lockouts or other industrial action, electrical failure, confiscation
or any other action by Government Agencies.
b) Force majeure shall not include any event which is caused by the
negligence or intentional action of a party or such party’s sub-contractors
or agents or employees, or by a failure to observe good engineering
practices.
c) Force Majeure shall not include insufficiency of funds of failure to make
any payment required hereunder.
Delays in performance of contractual obligations under influence of Force
Majeure conditions are condonable by the other party without any right to
termination or damages, provided, notice of the happening of any such event is
given by the affected party to the other within 30 (thirty) days from the date of
occurrence.
Works under the contract shall be resumed as soon as practicable after such event
has come to an end or ceased to exist. However, if such event continues for a
period exceeding 180 days, either party may at its option terminate the contract
by giving notice to the other party.
Any delay or failure in performance by either party hereto shall not give rise to
any claims for damages or loss of anticipated profits if and to the extent, such
delay or failure is caused by Force Majeure.
F- Penalty against Delay, Non Completion and Defaults
19. The Contractor Shall be liable for penalty and deduction in case of non-
performance/Absence of Manpower & Delay in the submission of report as
described below:
For all delayed submission from the periods stipulated in the order, non-
submission of part report, a penalty at the rate of ½% per week subject to a
maximum of 5% reckoned on the contract value and Goods and Services tax at
prevailing rate of such complete portion or section of the report submitted
which could not be brought into finalization due to any part thereof not having
been submitted in time will be levied. Due consideration will be given,
however, in the levy of penalty for reasons absolutely beyond the control of the
contractor/ (Force Majeure) for which documentary evidence shall invariably be
produced to the satisfaction of the competent authority of the Corporation. The
total amount of penalty for delay under the contract shall be subject to a
maximum of Five percent (5%) of the total contract price and CGST & SGST
/IGST at prevailing rate and the owner has got every right to terminate the
contract without any liability if it crosses 05%.
20. Event of Default If the Contractor repeatedly breaches the contract on any of the following events
or occurrences which continue even after giving 07 days of notice for two times
in writing to the Contractor shall constitute Event of Default on the part of the
Contractor;

i. Repeated/ Prolonged absence of Man Power.

ii. Non-Compliance of norms/ instructions given time to time.
iii. Failure to render services as per the specifications/scope of work.
iv. Continuous failure to perform any other obligation under the contract within
the period specified in the contract or any extension thereof;
v. Any breach of contract or fraud under the contact;
vi. Continued negligence of the works, or inability to honor important
stipulations of the contract;
vii. Becomes bankrupt or otherwise becomes insolvent or undergoes liquidation
or loses substantially the technical or financial capability based on which it
was selected for award of contract.
Any other reason in which UPPTCL deems fit to cancel the Contract/ Notice to
Proceed.
21. Termination of In the event of above-mentioned defaults. UPPTCL shall issue final notice of
Contract default to the Contractor with an advice to rectify the lapses within 10 days. If
Contractor fails to rectify the lapses and adhere to the terms and conditions of
the Contract/ Notice to Proceed, UPPTCL shall terminate the Contract/ Cancel
the Contract/ Notice to Proceed and forfeit the Security Deposit/ encase the
Bank Guarantee towards Contract Performance Guarantee.

Failing to provide consultancy services as above, the EoC, is at liberty, after

giving due written notice to the contractor to avail the consultancy services or
any portion thereof on to the account of and at the risk of the Contractor and to
prefer a claim for the difference in price and for all expenses whatsoever
incurred in availing consultancy services, which the Corporation is wholly
authorized to recover from any money due to contractor on bills, or deposits or
any account.
22. Debarment of An order banning business with a Company for a period of six months to two
Contractor (High years may be issued where the conduct of the Firm is not serious enough to merit
Risk Contractor) blacklisting but at the same time is of such a nature that debarring of contractor is
justified in the interest of UPPTCL.
The grounds of Debarring may be as follows:
i. Persistent and intentional violation of important terms of the contract
ii. Consistent Failure to execute the services satisfactorily,
iii. Disregarding safety measures and causing any loss of life or property.
iv. Misbehavior to department officials.
Procedure of debarring a contractor is as follows;
i. A SHOW CAUSE NOTICE will be issued to the contractor seeking its
explanation for the lapses committed by it. The notice will be sent to the
contractor through E-mail/ Speed Post/ Registered Post/Courier on its
 official E-Mail Id/ Postal Address.
ii. The Contractor’s explanation will be expected within 15 days from the
issue of the notice. In case the explanation is not found satisfactory,
decision of debarring contractor for a period ranging from six months to
two years, depending upon the severity of lapses, will be taken.
iii. Even after debarring, the contractor will be allowed to complete the
ongoing works, unless otherwise rescinded by competent authority on the
grounds of breach of conditions of contract.
Approval for debarring & debarment time period;

i. UPPTCL may temporarily ban the Contractor for a short period for six
months. However, order of banning to a Contractor may be extended for a
period up to two years depending upon the quantum of guilt.
ii. In this respect, an office order shall be issued intimating the concerned
departments for information.
iii. All such debarment order shall be uploaded in the UPPTCL website for
information of Public.
23. Blacklisting/ Blacklisting of the Contractor(s) shall mean any Act or Commission by the
Debarment of Contractor which leads or would have led to an unfair gain to it and loss to
Contractor (s) UPPTCL and where there are sufficient reasons to believe that the Contractor has
committed serious offence under the following circumstances.

Circumstances of Blacklisting:

i. If, found to be involved in any sort of tender fixing/cartel formation/ collusiv

bidding.
ii. If, contractor has submitted documents found to be false/ fabricated/forged.
iii. If Contractor has defrauded UPPTCL in terms of quality of the equipmen
supplied and erection.
iv. If UPPTCL has suffered a huge financial loss due to the act of Contractor,
If, there is security consideration including questions of loyalty to State as per
recommendations of Ministry of Home Affairs.
Procedure of blacklisting of contractor:

 A SHOW CAUSE NOTICE will be issued to the contractor seeking his

explanation for the lapses committed by it. The notice will be sent to the
contractor through E-mail/ Speed Post/ Registered Post/Courier on its
official E-Mail Id/ Postal Address.
 The Contractors explanation will be expected with 15 days from the issue
of notice.
 In case the explanation is not found satisfactory, Contractor will be
blacklisted for a period ranging from two years to five years depending
upon the severity of lapses. Such contractor may be considered
ineligible for participating in future tender of UPPTCL for a period as
may be decided by UPPTCL.
 A blacklisting order shall be issued in the name of the contractor with due
 intimation to the other department concerned. The black listing order shall
also be uploaded in the UPPTCL’s website.
H. Disputes, Arbitration and Jurisdiction
24. Dispute/ Any dispute(s) or difference(s) arising out of or in connection with the Contract
Resolution: shall, to the extent possible, be settled amicably between the EoC, UPPTCL and
the Contractor.
Resolution:
If any dispute or difference of any kind, whatsoever, is not settled amicably,
Contractor may make an application before the Chief Engineer (Trans. Central),
UPPTCL in respect of such dispute in writing within 15 days, from the date of
such decision, action or omission.
The Authority shall examine and deliberate the merits of the Contractor’s
complaint and the decision shall be communicated in writing to the concerned
Contractor within 45 days from the date of receipt of the application.
It the event of the Authority fails to notify its decision within thirty (45) days
after being requested of the Contractor not being satisfied with the decision of
UPPTCL, the Contractor may require that the matters in dispute be referred to
arbitration. UPPTCL may also refer the matter to arbitration in accordance with
the Arbitration & Conciliation Act 1996

Arbitration
25. Arbitration It the event of the Authority fails to notify its decision within thirty (45) days after
being requested of the Contractor not being satisfied with the decision of
UPPTCL, the Contractor may require that the matters in dispute be referred to
arbitration. UPPTCL may also refer the matter to arbitration.

The arbitration shall be conducted by three arbitrators, one each to be nominated

by the Contractor and the UPPTCL and the third to be appointed as a Presiding
Arbitrator by both the arbitrators in accordance with the Arbitration &
Conciliation Act 1996. If other party fails to appoint its arbitrator within sixty
(60) days after receipt of a notice from the party invoking the arbitration clause,
the arbitrator appointed by the party invoking the arbitration clause shall become
the sole arbitrator to conduct the arbitration.

The place and venue of arbitration shall be at Lucknow, Uttar Pradesh, The
decision of the majority of the arbitrators shall be final and binding upon the
parties.

In the event of any of the aforesaid arbitrator’s death, negligence, resignation or

being unable to act for any reason, the party concerned shall nominate another
arbitrator in place of the outgoing arbitrator.

Save as hereinafter provided during settlement of disputes and arbitration

proceedings, both parties shall be obliged to carry out their respective obligations
under the Contract.
26. Jurisdiction of Jurisdiction of the Court
the Court The Hon’ble Courts of Lucknow, Uttar Pradesh shall have exclusive jurisdiction
 in all matters arising under this Contract.
Writ Jurisdiction shall come under Allahabad High Court.
The Place of arbitration shall be at The Hon’ble Courts of Lucknow, Uttar
Pradesh

I- Closure of Works
27. Payment Prior to release of BG/ last ten percent retention amount on account of closure of
reconciliation and contract/Any other Retention Amount, UPPTCL shall prepare Payment
Final Payment Reconciliation statement to ensure that there is no liability outstanding against the
contractor on account of:
 Penalty as per Contract.
 Overpayments/ duplicate payments, if any;
 Claims on account of UPPTCL’s Supplied Material (OSM) not returned as
per Material Reconciliation statement;
 Recoveries on account of loss/theft/damage claim etc.
 Statutory duties paid on behalf of the Contractor by UPPTCL if any.
It shall be ensured by the concerned finance department that the Contractor shall
submitted the No Claim certificate before releasing the final payment.
Section 5 - Special Conditions of Contract

(The Special Conditions of Contract (SCC) shall supplement the

General Conditions of Contract (GCC). Whenever there is a conflict,
the provisions herein shall prevail over those in the GCC. The clause
number of the SCC is the corresponding clause number of the GCC.)
 Section- 6
6 – Annexure & Contract Forms

CONTENTS
Sl. ANNEXURE DESCRIPTION Page No.
No. & FORM

1 Annexure-I Bank Guarantee for EMD

2 Annexure-II Bank Guarantee for Contract Performance(CPBG)

3 Annexure-III Extension of Bank Guarantee

4 Annexure-IV Indemnity Bond

5 Annexure-V Evidence of availability of credit facilities

6 Annexure-VI Power of Attorney

7 Annexure-VII Acceptance of Fraud Prevention Policy

8 Annexure-VIII Bidders information Sheet

9 Annexure-IX Self declaration - Black Listing/debarring Action

10 Annexure-X Technical Deviation Sheet

11 Annexure-XI Commercial Deviation Sheet

12 Annexure-XII Works Completion Schedule

13 Annexure-XIII List of Banks

14 Annexure-XIV Affidavit of the Bidder

15 Annexure-XV Contract Agreement Format

16 Annexure-XVI Bid Proposal Sheet (BPS)

ANNEXURE –I
 PROFORMA OF BANK GUARANTEE FOR EMD
(To be stamped in accordance with Stamp Act)

The Non-Judicial Stamp Paper should be in the name of Issuing Bank

Ref. No: …………………….

Bank Guarantee No. ……………………….
Date: ………………………………………
BG Amount: ……………………………….
Validity Period: …………………………..
Claim Period: ……………………………..

To,
The < Designation of Tender Issuing Authority>,

Dear Sirs,

This Guarantee Bond is executed this……………… day of …………………… by us

the………………………… Bank at ……………… , P.O………………… , Dist………………,
State………………… and Code No……………..

Whereas the UTTAR PRADESH POWER TRANSMISSION CORPORATION LIMITED, a Govt

of Uttar Pradesh Undertaking, having its. Registered Office at U.P. Power Transmission
Corporation Limited Shakti Bhawan, 14-A Ashok Marg Lucknow, U.P. 226001, (hereinafter
called UPPTCL) has invited Tender vide e-NIT No………………. Dated……………… for the
purpose of …………………… work.

1. Now, therefore, in accordance with Notice Inviting Tender (e-NIT)

No………………..Dated …………… of UPPTCL,
Ms/Shri……………………Address……………….................... Wish / wishes to participate in the
said tender and a Bank Guarantee for the sum of Rs…………………. [ Rupees ------------------------
--------------------------------------- valid for a period of ………….………) is required to be submitted
by the bidder, as per Tender Specification, we the ______________________________) [indicate
the name of the bank] [hereinafter referred to as “Bank”] at the request of
Ms/Shri……………………………………... [hereinafter referred to as “Bidder” do hereby
unequivocally and unconditionally guarantee and undertake to pay during the above said period on
written request by the Tender Issuing Authority of UPPTCL an amount not exceeding
Rs………………………. to UPPTCL., without any reservation. The guarantee would remain valid
up to ……….. [Date] and if any further extension to this is required, the same will be extended.
 2. We, the _______________________________ [indicate the name of the Bank, Address, Code]
do hereby further undertake to pay the amounts due and payable under this guarantee without any
demur, merely on a demand from UPPTCL stating that the amount claimed is due by way of loss or
damage caused to or would be caused to or suffered by UPPTCL by reason of any breach by the
said bidder of any of the terms or conditions and failure to perform the said Bid. Any such demand
made on the Bank shall be conclusive as regards the amount due and payable by the Bank under
this guarantee. However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs. ……………… (Rupees in words…………………)
3. We undertake to pay to UPPTCL any money so demanded not withstanding any dispute or disputes
so raised by the bidder in any suit or proceeding instituted/pending before any court or tribunal
relating thereto, our liability under this present being absolute and unequivocal. The payment so
made by us under this bond shall be a valid discharge of our liability for payment there under and
the bidder shall have no claim against us for making such payment.
4. We, the ______________________________ Bank further agree that the guarantee herein contained
shall remain in full force and effect during the aforesaid period of _______ days [in words] ……….
(as per Tender Specification) and it shall continue to be so enforceable till all the dues of UPPTCL
under or by virtue of the said Bid have been fully paid and its claims satisfied or discharged or till
UPPTCL certifies that the terms and conditions of the said Bid have been fully and properly carried
out by the said Contractor/Supplier and accordingly discharge this guarantee. Unless a demand or
claim under this guarantee is made on us in writing on or before __________ we shall be
discharged from all liability under this guarantee thereafter.
5. We the __________________________ Bank further agree with UPPTCL that UPPTCL shall have
the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Bid or to extend time of performance
by the said Bidder from time to time or to postpone for any time or from time to time only of the
powers exercisable by UPPTCL against the said Bidder and to forbear or enforce any of the terms
and conditions relating to the said Bid and we shall not be relieved from our liability by reason of
any such variation, postponement or extension granted to the Bidder or for any forbearance, act or
omission on the part of UPPTCL or any indulgence by UPPTCL to the said Bidder or by any such
matter or thing whatsoever which under the law relating to sureties would, but for this provision,
have effect of so relieving us.
6 This guarantee will not be discharged due to the change in the name, style and constitution of the
Bank and/or the Bidder.

7 We ______________________ [indicate the name of Bank, Address &Code] lastly undertake not to
revoke this guarantee during its currency except with the previous consent of UPPTCL in
writing.

8 We, the ______________________________Bank (Name, Address & Code) further agree that this
guarantee shall be invokable at our place of business at Lucknow (indicate Name, Address &Code of the
Branch at Lucknow) in the State of Uttar Pradesh.“Not withstanding anything contained herein”

a) Our liability under the bank guarantee shall not exceed Rs. --------------------------- (in words
Rupees-----------------------------------------) only.

b) This Bank guarantee shall be valid up to ---------------------------------------------------------------.

c) We or our Branch at Lucknow <Mention Name, Address & Code……….>are liable to pay
guaranteed amount or any part thereof depending on filing of claim under this bank guarantee
only and only if UPPTCL serve upon us or our Branch at Lucknow a written claim or demand
and received by us or by Branch at Lucknow on or before …………………………………(last
date), otherwise Bank shall be discharged of all liability under this guarantee thereafter.

Dated, the _____________Day of ____________________________

For _______________________ [Indicate name of Bank]

Signature ……………………………………
Full name …………………………………….
Designation …………………………………
Stamp ……………………………………….

WITNESS: (SIGNATURE WITH NAME AND ADDRESS)

(1)
Signature ……………………………………
Full name …………………………………….

(2)
Signature ……………………………………
Full name …………………………………….

N.B.:
1. Name of the Bidder: ………………………
2. BG No & Date: ………………………………
3. Amount (In Rs.): ………………………………
4. Validity up to: …………………………………
5. E-NIT No………………………………………..
6. Package/Works No……………………………………..
7. Name, Address & Code of Issuing Bank: ………………………………………
8. Name, Address & Code Lucknow Branch of the Issuing Bank: …………………
9. The Bank Guarantee shall be accepted only after getting confirmation from the
Issuing Bank & Lucknow Branch of the Issuing Bank.
 ANNEXURE –II

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE (CPBG)

(To be stamped in accordance with Stamp Act)

Ref No: - …………………….

Bank Guarantee No. ……………………….
Date: ………………………………………
BG Amount: ……………………………….
Validity Period: …………………………..
Claim Period: ……………………………..

To,

The < Designation of Tender Issuing Authority>,

This Guarantee Bond is executed this……………… day of …………………… by us

the………………………… Bank at ……………… , P.O………………… ,
Dist………………, State………………… and Code No……………..

Whereas the UTTAR PRADESH POWER TRANSMISSION CORPORATION

Limited, a Govt of Uttar Pradesh Undertaking, having its Registered Office at Shakti Bhawan,
14-A Ashok Marg, Lucknow, U.P. 226001, (hereinafter called UPPTCL) has issued Letter of
Award (LOA)No……………………………… Dated……………… for the purpose of
…………… work (herein after called “the Agreement”) to M/s Shri
……………………………….. , Address………………….. (herein after called the
“Contractor”) for Providing Consultancy Services for Conducting Benchmarking Study on
Transmission Business of UPPTCL & Preparation of Benchmarking Report
<…..…………….> and whereas UPPTCL has agreed (1) to exempt demand of security
deposit under the terms and conditions of the LOA (2) to release of the cost of the Contract
Price as per terms and condition and (3) to exempt the Contractor from Performance
Guarantee on furnishing by the Contractor to UPPTCL a Contract Performance Bank
Guarantee (CPBG) of the value of 10% of the Contract Price of the said Agreement.
1. Now therefore, in consideration of UPPTCL having agreed to exempt the Contractor from the
demand under the terms and conditions of LOA No. _________________ dated
_________________ for Supply, Erection, Installation & Commissioning and Associated Civil
Works and for the due fulfillment by the said Contractor of the terms and conditions contained in
the said agreement, on production of a Bank Guarantee for Rs.________________
(Rupees____________________) only, we the bank ______________ [Indicate bank Name ,
Address & Code ] (hereinafter referred to as “the Bank”) at the request of M/s/Shri
_____________________ contractor do hereby undertake to pay to UPPTCL, an amount not
exceeding Rs._______________ (Rupees __________________________________) only against
 any loss or damage caused to or suffered or would be caused to or suffered by UPPTCL by reason
of any breach by the said contractor of any of the terms or conditions contained in the said
agreement.
2. We, the ________________________ Bank [indicate the name of the Bank, Address &
Code] do hereby undertake to pay the amounts due and payable under this guarantee without
any demur, merely on a demand from UPPTCL stating that the amount claimed is due by way
of loss or damage caused to or would be caused to or suffered by UPPTCL by reason of any
breach by the said contractor of any of the terms or conditions contained in the said
agreement or by reasons of any breach by the said Contractor’s failure to perform the said
agreement. Any such demand made on the bank shall be conclusive as regards the amount
due and payable by the bank under this guarantee. However, our liability under this guarantee
shall be restricted to an amount not exceeding Rs. ____________________ (In Words).

3. We, the ……………… Bank also undertake to pay to UPPTCL any money so demanded not
withstanding any dispute or disputes raised by the Contractor in any suit or proceeding
instituted / pending before any court or tribunal relating thereto, our liability under this present
being absolute and irrevocable. The payment so made by us under this bond shall be a valid
discharge of our liability for payment there under and the Contractor shall have no claim
against us for making such payment.

4. We, the ____________________________ Bank further agree that the guarantee herein
contained shall remain in full force and effect during the aforesaid period of ______ days and
it shall continue to be so enforceable till all the dues of UPPTCL under or by virtue of the
said Agreement have been fully paid and its claims satisfied or discharged or till UPPTCL
certifies that the terms and conditions of the said Agreement have been fully and properly
carried out by the said contractor and accordingly discharge this guarantee and the said CPBG
will not be revoked by us during the validity of the guarantee period.
Unless a demand or claim under this guarantee is made on us or our Branch Office at
Lucknow <Mention Name, Address & Code of the Branch Office at Lucknow of issuing
Bank> in writing on or before …………… (Date), we shall be discharged from all liability
under this guarantee thereafter.

5. We, the ____________________________ Bank [indicate the name of the Bank, Address &
Code] further agree with the Board that UPPTCL shall have the fullest liberty without our
consent and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Bid or to extend time or performance by the said
contractor(s) from time to time or to postpone for any time or from time to time only of the
powers exercisable by UPPTCL against the said contractor(s) and to forbear or enforce any of
the terms and conditions relating to the said Bid and we shall not be relieved from our
liability by reason of any such variation postponement or extension being granted to the said
contractor(s) or for any forbearance, act or omission on the part of UPPTCL or any
indulgence by UPPTCL to the said contractor(s) or by any such matter or thing whatsoever
 which under the law relating to sureties would, but for this provision, have effect of so
relieving us.

6. This guarantee will not be discharged due to the change in the name, style or constitution of
the Bank of the contractor(s).
7. We, the ____________________________ 90 Bank [indicate the name of the bank, Address &
Code] lastly undertake not to revoke this guarantee during its currency except with the
previous consent of UPPTCL in writing.
8. We, the ______________________________Bank (Name, Address & Code) further agree
that this guarantee shall also be invokable at our place of business at Lucknow (indicate
Name, Address & Code of the Branch at Lucknow) in the State of Uttar Pradesh.
“Not withstanding anything contained herein”

a) Our liability under the bank guarantee shall not exceed Rs. ---------------- (in words Rupees----
-----------------------) only.
b) This Bank guarantee shall be valid up to -------------.
c) We or our Branch at Lucknow <Mention Name, Address & Code……….> are liable to pay
guaranteed amount or any part thereof depending on filing of claim under this bank guarantee
only and only if UPPTCL serve upon us or our Branch at Lucknow a written claim or demand
and received by us or by our Branch at Lucknow on or before ………………………… (Last
date), otherwise Bank shall be discharged of all liability under this guarantee thereafter.

Dated, the _____________Day of ____________________________

For _______________________ [Indicate name of Bank]

WITNESS: (SIGNATURE WITH NAME AND ADDRESS)

1.
2.
N.B.:

1. Name of the Contractor.: ………………………

2. BG No & Date:………………………………
3. Amount (In Rs.):………………………………
4. Validity up to :…………………………………
5. LOA No………………………………………..
6. Package No……………………………………..
7. Name, Address & Code of Issuing Bank:…………………………………………………
8. Name, Address & Code Lucknow Branch of the Issuing Bank:………………………
9. The Bank Guarantee shall be accepted only after getting confirmation from the Issuing Bank
& Lucknow Branch of the Issuing Bank.
 ANNEXURE-III
PROFORMA OF EXTENSION OF BANK GUARANTEE
(To be stamped in accordance with Stamp Act)

Ref No: - ………………… Date: - …………

To,
The < Designation of Tender Issuing Authority>,

Dear Sirs,

Sub: Extension of Bank Guarantee No. ……………………..for Rs. …………………

favouring yourselves, expiring on ……………………….on account of
M/s. …………………………………. in respect of LOA No. ………………………
dated ………………. (here in after called original Bank Guarantee).

At the request of M/s. ……………………………………., we…………………… Bank, branch

office at ……………………………..and having its Head Office at …………….. do hereby extend
our liability under the above mentioned Guarantee No. ………………. Dated …………………..for
a further period of ……………………..years / months/ days from ………………………. to expire
on …………………..Except as provided above, all other terms and conditions of the original Bank
Guarantee No. ……………….. Dated ………………. shall remain unaltered and binding on us.

Please treat this as an integral part of the original Bank Guarantee to which it would be attached.

Yours Faithfully,

For …………………………

Manager / Agent / Accountant

Power of Attorney No. ………
Dated ………………………..
SEAL OF BANK

NOTE: The non-judicial stamp paper of appropriate value shall be purchased in the name of the
Bank, which has issued the Bank Guarantee.
 ANNEXURE - IV
PROFORMA OF INDEMNITY BOND
(On non-Judicial stamp paper of appropriate value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this...................... day of ................... 20…. .........by M/s/
Shri……………….................. and Address …………….. a Company registered under the
Companies Act, 1956/ Companies Act- 2013 having its Registered Office at
............................(hereinafter called as ‘Contractor’” which expression shall include its successors
and permitted assigns) in favour of Uttar Pradesh Power Transmission Corporation Ltd., a Govt of
Uttar Pradesh Undertaking, having its. Registered Office at Shakti Bhawan, 14-A Ashok Marg,
Lucknow, U.P. 226001PPUTCL Office, Lucknow Uttar Pradesh (hereinafter called “UPPTCL”
which expression shall include its successors/administrator and assign):

WHEREAS THE UPPTCL has awarded to the Contractor vide its Letter of Award/Contract
Agreement No..................... Dated........................... and its Amendment No.............................. and
Amendment No. …………………… (Applicable when amendments have been issued) (Hereinafter called
the “Contract”) for …………………in terms of which the Contractor is to supply the Materials/Equipment
at work site of UPPTCL, in consideration of payment received against such Materials/Equipment from
UPPTCL and also for Owners Supplied Materials (OSM).
AND WHEREAS Such Materials/Equipment (Including Owner’s Supply Material) are required to be
delivered , erected and commissioned by the contractor at contractor’s site for execution of the Contract.
And WHEREAS by virtue of Clause No.................... of the said Contract, the Contractor is required to
execute an Indemnity Bond in favour of................ UPPTCL *** for the purpose of performance of the
Contract.

NOW THEREFORE, This Indemnity Bond witnesseth as follows:

1. That in consideration of various Materials/Equipment as mentioned in the Contract, valued at
Rs. ………………….. (Rupees...................................................................) delivered by the
Contractor and remaining in their custody for the purpose of execution of the Contract, the
Contractor hereby undertakes to indemnify and shall keep UPPTCL indemnified, for the full
value of the Materials/Equipment. The Contractor hereby acknowledges receipt of payment
against the Materials/Equipment as supplied by the Contractor and it is expressly understood
by the Contractor that in consideration of the fact that materials/equipment is in their custody
for execution of the contract, the said Materials/Equipment duly endorsed by................
UPPTCL in favour of the Contractor shall be construed as handing over of the
Materials/Equipment purported to be covered by such title documents and the Contractor
shall hold such Materials/Equipment in trust as a Trustee for and on behalf of UPPTCL.

2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/ protection
and custody of the Materials/Equipment at .......... project Site against all risks, whatsoever till the
Materials/Equipment are duly used/ erected in accordance with the terms of the Contract and the
Materials/Equipment duly erected and commissioned in accordance with the terms of the Contract is
 taken over by UPPTCL. The Contractor undertakes to keep UPPTCL harmless against any loss or
damage that may be caused to the Materials/Equipment.

3. The Contractor undertakes that the Materials/Equipment shall be used exclusively for the
performance/ execution of the Contract strictly in accordance with its terms and conditions
and no part of the Materials/equipment shall be utilized for any other work or purpose
whatsoever. It is clearly understood by the Contractor that non-observance of the obligations
under this Indemnity Bond by the Contractor shall inter-alia constitute a criminal breach of
trust on the part of the Contractor for all intents and purpose including legal/ penal
consequences.
4. That UPPTCL is and shall at all times remain the exclusive OWNER of the
Materials/Equipment free from all encumbrances, charges or liens of any kind, whatsoever.
The Materials/Equipment shall at all times be open to inspection and checking by Engineer
Of Contract (EOC) of the work to be performed by the Contractor under the said contract
and/or any officer or agents authorized by him in this regard. Further, UPPTCL shall always
be free at all times to take possession of the Materials/Equipment that are likely to be
endangered, miss-utilised or converted to uses other than those specified in the Contract, by
any acts of omission or commission on the part of the Contractor or any other person or on
account of any reason whatsoever and the Contractor binds himself and undertakes to comply
with the directions or demand of UPPTCL to return the Materials/Equipment without any
demur or reservation.
5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the
Materials/ Equipment or any part thereof is miss-utilised in any manner whatsoever, then the
Contractor hereby agrees that the decision of the Engineer-Of Contract(EOC) / Authorised /
officer/representative of UPPTCL as to assessment of loss or damage to the
Materials/Equipment shall be final and binding on the Contractor. The Contractor binds itself
and undertakes to replace the lost and/or damaged Materials/Equipment at his own cost
and/or shall pay the amount of loss to UPPTCL without any demur, reservation or protest.
This is without prejudice to any other right or remedy that may be available to UPPTCL
against the Contractor under the Contract and under this Indemnity Bond.

NOW THE CONDITION of this Bond is that the Contractor shall duly and punctually
comply with the terms and conditions of this Bond to the satisfaction of UPPTCL. The above
Bond shall be void after all the obligations under this Bond are fulfilled by the Contractor,
otherwise, it shall remain in full force and virtue.

IN WITNESS WHERE OF, the Contractor has hereunto set its hand through its authorized
representative under the common seal of the Company, the day, month and year first above
mentioned.
SCHEDULE

Value of the Materials/

Particulars Quantity
Equipment

Materials/Equipment to be supplied
under the Contract

OSM Materials/Equipment handed

over under the Contract

For and on behalf of

M/s......................................
WITNESS
1. Signature . . . . . . . . . . . . . Signature. . . . ……... . . . . . .
2. Name . . . . . . . . . . . . . . Name . . . . . . . . . . ……... . . .
3. Address . . . . . . . . . . . . . . Designation ……. . . . . . . . .

Authorized representative $

1. Signature . . . . . . . . . . . .
2. Name . . .. . . . . . . . . . . . . (Common Seal)
3. Address .. . . . . ... ... . . .

$ Indemnity Bonds are to be executed by the authorized person under common seal of the
Company or having the Power of Attorney issued under common seal of the company with
authority to execute Indemnity Bond.
*** to insert the designation of the Authorized Person appointed by the by UPPTCL for this
purpose.
 ANNEXURE-V
PROFORMA FOR BANK BALANCE, FIXED DEPOSITS AND AVAILABILITY OF CREDIT
FACILITIES

BANK CERTIFICATE

This is to certify that M/s. …………………………………………………………… (Full

Name & Address of the Company), who are submitting their bid to UPPTCL against their Tender
Specification vide Ref. No……………………. & Date ………………….is our Customer for the
past……. Years.
Their financial transactions with our Bank have been satisfactory. Their Current A/c
Balance & Fixed Deposit Balance at the end of <Month><Year> is also indicated below:

SL.NO. TYPE OF ACCOUNT NUMBER BALANCE

ACCOUNT(CURRENT/FD/
(Rs. in Cr)
RD/ANY OTHER)

They enjoy the following fund based and non fund based limits (Cash Credit, Bank Guarantees, L/C
and other credit facilities) with us against which the extent of utilization at the end of
<Month><Year>is also indicated below:

SL.NO. TYPE OF FACILITY SANCTIONED LIMIT UTILISATION AVAILABLE

AS ON DATE AS ON DATE AS ON DATE
(Rs. in Cr)

This letter is issued at the request of M/s………………………………………………….

Sd/-
Name of Bank………………………..
Name of Authorized Signatory ……..
Designation ………………………….
Phone No. …………………………..
Address …………………………….
SEAL OF THE BANK.
N.B.: To be issued by the Issuing Bank in their Letter Head.
 ANNEXURE-VI
PROFORMA OF POWER OF ATTORNEY FOR JOINT VENTURE/CONSORTIUM
(On Non –Judicial Stamp Paper of Appropriate value
To be purchased in the Name of JOINT VENTURE/CONSORTIUM)

POWER OF ATTORNEY FOR JOINT VENTURE/CONSORTIUM

KNOW ALL MEN BY THESE PRESENTS THAT WE, the Joint Venture/Consortium
Partners whose details are given hereunder…………………………..have formed a Joint
Venture/Consortium and having our Registered Office (s) / Head Office (s) at
………………………………(each hereinafter called the ‘Joint Venture/Consortium’ partly which
expression shall unless repugnant to the context or meaning thereof, include its respective
successors, administrators and assign(s) and now acting through
M/s……………………...........................being the lead Partner in-charge do hereby constitute,
nominate and appoint M/s…………………………………………a company incorporated under
the laws of India and having its Registered/Head Office at …………as our duly constituted lawful
Attorney (hereinafter called “Attorney” or “Authorised Representative” or “ lead Partner in
Charge”) to exercise all or any of the powers for and on behalf of the Joint Venture/Consortium in
regard to specification No………..for construction of …………….Package of UTTAR PRADESH
POWER TRANSMISSION CORPORATION LIMITED a Govt of Uttar Pradesh Undertaking,
having its. Registered Office at U.P. Power Transmission Corporation Limited Shakti Bhawan,
14-A Ashok Marg, Lucknow, U.P. 226001 (hereinafter called the “UPPTCL”) and the bids for
which have been invited by UPPTCL, to undertake the following acts

1. To submit proposal and participate in the aforesaid Bid – Specification of UPPTCL on

behalf of the “Joint Venture/Consortium”.

1. To negotiate with UPPTCL the terms and conditions for award of the contract pursuant to
the aforesaid Bid and to sign the contract with UPPTCL for and on behalf of the “Joint
Venture/Consortium”.
2. To do any other act or submit any document related to the above.
3. To receive, accept and execute the contract for and on behalf of the “Joint Venture/
Consortium”.
4. To receive payment on behalf of the Joint Venture/Consortium.
5. To submit Bank Guarantee on behalf of the Joint Venture/Consortium.
It is clearly understood that the Partner in –charge (Lead Partner) shall ensure performance of
the contracts (s) and if one or more Partner fail to perform their respective portion of the contracts
(s), the same shall be deemed to be a default by all the partners.

It is expressly understood that this power of Attorney shall remain valid binding and
irrevocable till completion of the Latent Defect Period in terms of the contract.

The Joint Venture/Consortium partners hereby agree and undertake to ratify and confirm all
the actions whatsoever the said Attorney/ Authorised Representative / Partner in-charge takes.
 It is proposed on behalf of the Joint Venture/Consortium by virtue of this Power of Attorney
and the same shall bind the Joint Venture/Consortium as if done by itself.

IN WITNESS THEREOF the Partners Constituting the Joint Venture/Consortium as aforesaid have
executed these presents on this …………….day of …………under the Common Seal (s) of their
Companies.

for and on behalf of

the Partners of Joint Venture/Consortium

………………………………

The Common Seal of the above Partners of the Joint Venture/Consortium:

The Common Seal has been affixed there unto in the presence of:

WITNESS

1.0 Signature ………………………..

Name ……………………….

Designation…………………….

Occupation……………………….

2.0 Signature ………………………..

Name ……………………….

Designation…………………….

Occupation……………………….
 ANNEXURE – VII
PROFORMA OF ACCEPTANCE OF FRAUD PREVENTION POLICY

Name of Package/Works:

E-NIT Ref. No:

To

The Tender Issuing Authority,

< Address>

Ladies and / or Gentleman,

We have read the contents of the Fraud Prevention Policy of UPPTCL displayed on its
tender website http://www.upptcl.org, www.etender.up.nic.in and undertake that we along
with our associates / collaborator / Vendor/sub-vendors/ consultants / service providers shall
strictly abide by the provisions of the fraud prevention policy of UPPTCL.

Yours Faithfully,
Date:
Place:

(Signature) ………………………….
Printed Name) ……………………..
(Designation) ………………………
(Common Seal) ……………………

This form shall be duly filled-up, signed by the bidder & uploaded as an attachment.
 Annexure-VIII

Bidder’s Information Sheet

Sl. No. DETAILS TO BE FILLED IN BY THE BIDDER

1 BIDDER’S NAME
BIDDER’S SITE NAME (Name of the
2
BUSINESS PLACE)
3 ADDRESS
4 CITY
5 STATE
6 COUNTRY
7 PIN CODE
8 PHONE NO.
9 FAX NO.
10 GST REGISTRATION NO.
11 PAN NO.
12 TAN NO.
13 CONTACT PERSON’S NAME
POSITION / DEPARTMENT OF
14
CONTACT PERSON
15 CONTACT PERSON’S E MAIL ID
CONTACT PERSON’S PHONE NO. AND
16
MOBILE NO.
17 CONTACT PERSON’S FAX NO.

BANK A/C PARTICULARS OF THE

18
BIDDER FOR EFT PAYMENT

Authorised Signature of the Bidder

 ANNEXURE – IX

PROFORMA OF SELF DECLARATION-

BLACK LISTING/ DEBARRING ACTION

Name of the Bidder: ----------------------------

E-Tender Notice No: -------------------------------------------

Sir,

1. I/We, the undersigned do hereby declare that, I/We have never failed to perform satisfactorily
in any work of UPPTCL/ Govt. Of Uttar Pradesh /Central Govt./ in any Govt. funded Project
during last three financial years (and the current financial year)and / or I/We do not stand
currently debarred/blacklisted (nor any litigation pending) by any of the Electricity
Transmission Utility / Generation Utility /UPPTCL / Govt. Of Uttar Pradesh/ Central Govt.
Of India.
2. Further, I/We, the undersigned do hereby declare that, I/We have not been declared as
Insolvent or referred to National Company Law Tribunal (NCLT) under the Insolvency and
Bankruptcy Code (IBC), 2016.
3. In the event, any information is found out contrary to the above either during the finalisation
of the tender or during the execution of the contract, My/Our bid / contract shall be liable
for rejection / cancellation / termination without any notice with forfeiture of EMD/CPBG at
the sole discretion of UPPTCL.
Yours faithfully,
Place-
Date-
Signature of the bidder

With seal

Note: The bidder shall also disclose, if it was debarred/black listed by any utility in the past
and if the debar/blacklisting order was subsequently withdrawn by the utility suo-
moto or set aside by any court order.
 ANNEXURE – X
TECHNICAL DEVIATION SHEET

Bidder’s Name & Address

To
The Tender Issuing Authority

Ref.:
1. E- NIT No:…………………….
2. Tender Ref. No: …………………..
Sub: Technical Deviation Sheet.
Dear Sirs,
The following are the Technical Deviations and exceptions from the specifications and documents
for supply of equipment/Materials. These deviations are exhaustive, except for these deviations, the
entire supply shall be performed as per your specifications and documents
Volume/Clause Ref./Page No. As specified in the Technical deviations , if
Technical Specification any

Note:
1. Continuation sheets, of like size and format, may be used as per Bidder’s requirements and
annexed to this Schedule.
2. The deviations, if any, shall be brought out separately.
3. Deviations mentioned other than the above shall constitute Nil/No deviation.

Date: (Signature)
…………………..
Place: (Printed Name)……….
………………. (Designation)
………………….. (Common Seal)
…………………
(This form shall be duly filled-up, signed by the bidder & uploaded as an attachment)
 ANNEXURE – XI
COMMERICAL DEVIATION SHEET
Bidder’s Name & Address To
The Tender Issuing Authority
< Address>
Ref.:
1. E- NIT No:…………………….
2. Tender Ref. No: …………………..
Sub: Commercial Deviation Sheet.
Dear Sirs,
We hereby undertake to execute the order without any deviation to the Commercial terms
and conditions of the Works contained in the tender specifications.
Sl. No. Tender Clause Page Ref. No. Commercial Deviation, if any
Reference

Date: (Signature of the Bidder)

Place: (Printed Name) ……………….
(Designation) …………………..
(Common Seal) …………………

Note: 1. Deviations, if any, mentioned elsewhere shall constitute Nil/No deviation.

(This form shall be duly filled-up, signed by the bidder & uploaded as an attachment as a
token of acceptance towards the NIL/NO deviation to the Commercial Terms and Conditions)
 ANNEXURE – XII
(Work Completion Format)

Scope of Works “ Providing Consultancy Services for Conducting Benchmarking Study on

Transmission Business of UPPTCL & Preparation of Benchmarking Report”.

Bidder’s Name & Address:

To

The Tender Issuing Authority,

Dear Sir,
We hereby declare that the following work completion schedule shall be followed by us in
supply, erection and commissioning the Construction of ………………………………… against
Works Ref No:………………………..and e-NIT No. ………………….., in the State of Uttar
Pradesh.
The period of various activities would be reckoned from “the date of Letter of Award
(LOA)” to us. However, total duration for completion of work shall be within
<……………………..>Months from the date of issue of LOA.
Sl. Stages of Supply & Works Bidder to submit number of Days from the
No. date of issue of LOA i.e. ZERO-“0”date for
the key mile stone activity to be
Completed(in Days)
1 Acknowledgement of LOA
2 Signing of Contract Agreement
3 Date of Submission of Final Report
4 Date of Completion of Scope of Work

(Authorised Signatory)
Note:
1. The works completion schedule shall be revised based on the approval of joint survey and consequential
issue of revised LOA, which shall be applied for price reduction.
2. UPPTCL shall finalize the detailed schedule of works (PERT/BAR Chart) for the purpose of monitoring
the works within the schedule completion period of the key mile stone activities at the signing of the
contract agreement.
(This form shall be duly filled-up, signed by the bidder & uploaded as an attachment)
 ANNEXURE – XIII

LIST OF BANKS FROM WHICH BANK GUARANTEE CAN BE ACCEPTED

Nationalized/SCHEDULED COMMERCIAL BANKS

NATIONALISED BANK
1. State Bank of India
2. Bank of India
3. Bank of Maharashtra
4. Canara Bank
5. Central Bank of India
6. Indian bank
7. Indian Overseas Bank
8. Punjab National Bank
9. Union Bank of India
10. UCO bank
11. Bank of Baroda

OTHER BANKS
12. IDBI BANK
13. HDFC BANK
14. AXIS BANK
15. ICICI BANK

ANY OTHER SCHEDULED COMMERCIAL BANK NOTIFIED BY THE RBI.

Important Note :

1. BANK GUARANTEE FROM ANY COOPERATIVE BANK IS NOT ACCEPTABLE

2. THE CLAIM AGAINST THE SUBJECT BG WILL BE LODGED WITH THEIR LUCKNOW
BRANCH.
 ANNEXURE – XIV
AFFIDAVIT OF BIDDER
BEFORE Sri/ ........................................................................................... , Notary, At-……………
…………………………………………………………………………………………………
Affidavit
WHEREAS the Uttar Pradesh Power Transmission Corporation Ltd., Lucknow (UPPTCL) a Govt.
of Uttar Pradesh Undertaking, having its Registered Office at U.P. Power Transmission Corporation
Limited Shakti Bhawan, 14-A Ashok Marg Lucknow, U.P. 226001has floated its Tender
No………………………………………………...inviting bids from eligible bidder to execute the
work of <……………………….>
AND WHEREAS M/s ……………………………………having its registered office at (briefly
"Bidder")has offered its bid on ……………………………………in response to the said Tender
No…………………………of UPPTCL expressing its interest to execute the work as specified
therein.
AND WHEREAS the said Tender No................. of UPPTCL requires the Bidder to solemnly affirm
the correctness of the document and information furnished in its bid, so offered to UPPTCL.
NOW THEREFORE, in response to the above requirement, and having been duly authorized by the
Bidder, I Sri/ Mrs........................................... aged about ............ years, Son/Daughter/Wife of
Sri/Mrs. ......... ...... ......., at present working as………………………………………. of
M/s…………………………… (The Bidder) do hereby solemnly affirm and state as follows:
1. That I am competent and have been duly authorized by the Bidder
M/s………………………………. to swear this affidavit on its behalf.
2. That the documents and information furnished by the Bidder in its bid offered in respect to
the said Tender No………………………..of UPPTCL are true and correct.
3. That in the event any document and information as furnished by the Bidder in response to the
said Tender No of UPPTCL is found/ considered by UPPTCL at any time as to be not correct/
wrong, UPPTCL shall be competent and at liberty without any show cause to the Bidder to
terminate its contract/ agreement with the Bidder.,
4. UPPTCL shall also be competent, without any reference to the Bidder, to black list the Bidder
and debar the Bidder from participating in any other Tender of UPPTCL pursuant to its
consideration/ finding that the Bidder has furnished any incorrect/ wrong document and
information tendered/made pursuant to Tender No ........... of UPPTCL.
5. That the affirmation made herein above is/are correct and true and nothing stated herein is
false.

Identified by
DEPONENT
ADVOCATE
 ANNEXURE – XV

Contract Agreement
THIS AGREEMENT made the ________ day of ________________________, _____,

BETWEEN
(1) UTTARPRADESH TRANSMISSION CORPORATION LIMITED, a Govt of Uttar Pradesh
Undertaking, having its. Registered Office at U.P. Power Transmission Corporation Limited Shakti
Bhawan, 14- Ashok Marg Lucknow, U.P. 226001(hereinafter called “the Owner”), and

(2) [Name of Contractor], a corporation incorporated under the laws of India and having its principal
place of business at [address of Contractor] (hereinafter called “the Contractor”).

WHEREAS the Owner has invited the tender for Providing Consultancy Services for Conducting
Benchmarking Study on Transmission Business of UPPTCL & Preparation of Benchmarking
Report(“the WORKS”) vide NIT no:……………………………… and Tender Specification
No………………………………

AND WHEREAS the Contractor had furnished its bid & consisting of technical and price bid has been
selected for award of the works vide LOA/ LOI ref.
no……………………………………………………………………………………………………………
……….

AND WHEREAS pursuant to acknowledgement of the LOI/ LOA by the Contractor, the Owner desires
to engage the Contractor and the Contractor has agreed to such engagement subject to the terms and
conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1 1.1 Contract Documents (Reference GCC Clause …….)
Contract The following documents shall constitute the Contract between the Owner
Documents and the Contractor, and each shall be read and construed as an integral part
of the Contract:
(a) This Contract Agreement and the Appendices hereto
(b) Price Schedules submitted by the Contractor in the bid
(c) Technical Bid and Technical Proposal submitted by the Contractor
(d) Special Conditions
(e) General Conditions
(f) Technical Specifications
(g) Other completed Bidding Forms submitted with the Letters of
Technical and Price Bids
(h) Any other documents forming part of the Owner’s Requirements
(i) Bidding Documents
1.2 Order of Precedence (Reference GCC Clause ……)
In the event of any ambiguity or conflict between the Contract Documents
 listed above, the order of precedence shall be the order in which the
Contract Documents are listed in Article 1.1 (Contract Documents) above.
1.3 Definitions (Reference GCC Clause 1)
Capitalized words and phrases used herein shall have the same meanings as
are ascribed to them in the General Conditions.
Article 2 2.1 Contract Price (Reference GCC Clause ………..)
Contract The Owner hereby agrees to pay to the Contractor the Contract Price in
Price and consideration of the performance by the Contractor of its obligations
Terms of hereunder. The Contract Price shall be the aggregate of: [. . . amounts in
Payment words . . . ], [. . . amounts in figures. . . ] as specified in Price Schedule or
such other sums as may be determined in accordance with the terms and
conditions of the Contract.
2.2 Terms of Payment (Reference GCC Clause ……….)
The terms and procedures of payment according to which the Owner will
reimburse the Contractor are given in the Terms and Procedures of Payment
hereto.
2.3 Payment towards Price variation (Reference GCC Clause ……….)
The terms and procedures of payment of price variations shall be in accordance
with the Terms and Procedures of Payment hereto.
Article 3 3.1 Effective Date (Reference GCC Clause ……….)
Effective The Effective Date upon which the period until the Time for Completion of
Date the Facilities shall be counted from is the date when all of the following
conditions have been fulfilled:
(a) This Contract Agreement has been duly executed for and on behalf of the
Owner and the Contractor;
(b) The Contractor has submitted to the Owner the performance security and
the advance payment bank guarantee;
Each party shall use its best efforts to fulfil the above conditions for which it
is responsible as soon as practicable.
Article 4 4.1 The address of the Owner for notice purposes, pursuant to GCC/SCC
Communic {Owner's address].
ations
4.2 The address of the Contractor for notice purposes, pursuant to GCC/ SCC
is: [Contractor's address].
Article 5 5.1 The Appendices listed in the attached List of Appendices shall be deemed to
Appendices form an integral part of this Contract Agreement.
5.2 Reference in the Contract to any Appendix shall mean the Appendices
attached hereto, and the Contract shall be read and construed accordingly.
5.3 Clauses not specifically mentioned in the attached appendices, the same
shall be governed as per the available clauses of the tender document which
shall be binding to both the parties.
 IN WITNESS WHEREOF the Owner and the Contractor have caused this Agreement to
be duly executed by their duly authorized representatives the day and year first above
written.
Signed by, for and on behalf of the Owner

[Signature]

[Title]

In the presence of

[Signature]

[Title]

Signed by, for and on behalf of the Contractor

[Signature]

[Title]

In the presence of

[Signature]

[Title]

APPENDICES

Appendix 1 - Scope of Works

Appendix 2 – Time Schedule

Appendix 3 - Terms Of Payment.

Appendix 4 – Letter of Award Price Schedule.

Appendix 5 - Any other Documents

 ANNEXURE-XVI

BID PROPOSAL SHEET

FORM- I

Bidder’s Proposal Reference No. and Date:

Bidder’s Name & Address :

Contact Person :

Designation :

Telephone No. : Mobile No. :

Fax No. : E-mail :

To

The Tender Issuing Authority

<Address>

Sub: Proposal for Providing Consultancy Services for Conducting Benchmarking Study on
Transmission Business of UPPTCL & Preparation of Benchmarking Report.

Ref.: 1. NOTICE INVITING TENDER (NIT) NO ……………………..

2. TENDER DOCUMENT REFERENCE NO………………………....
3. Works: No……………...

Dear Sir,

We, the undersigned Bidder having visited the Official e-Tender Portal of UPPTCL and having
read and examined in detail the Tender Documents do here by propose to bid for Providing
Consultancy Services for Conducting Benchmarking Study on Transmission Business of UPPTCL
& Preparation of Benchmarking Reports per scope of work and technical specification on single
contract basis.
We, agree to the following major terms and conditions of the tender:
2.0 PRICES AND VALIDITY:
2.1 We declare that the prices quoted in our proposal are in accordance with your “Instructions to
Bidders” and as per the bid form (in .XLS formats) available in the Official tender Portal of
UPPTCL.
2.2 The Taxable value of the price schedule is FIRM during the period of the contract (except
for statutory variations in GST rates and price variations) in line with your bid documents.

2.3 All the prices and other terms and conditions of this proposal are valid for a period of 180
(One Hundred Eighty) Days from the date of opening of the Technical (Part-I) bids.

2.4 The prices and the price components in line with the requirements of the bid documents of
the Volume-II (Price Schedules) are keyed-In and uploaded in the Official e-Tender Portal of
UPPTCL.

2.5 We hereby declare that our bid prices cover entire scope of the work in accordance with Bid
Documents.

2.6 We do not anticipate any change in Ownership of the company/ firm. If at all there would be
a change in Ownership, we undertake that our obligation under the contract in case we
become successful bidder, shall stand.

3.0 TAXES & DUTIES AND PRICE VATIATION:

3.1 We declare that towards the services by us, we have quoted taxable value inclusive of
Insurance and any statutory charges excluding GST for each of the item. The basic price
(taxable value) indicates quoted final value. Tax Invoice shall constitute basic price, CGST
plus UPGST, or IGST, as the case may be, and such other details which are stipulated in
GST Rules, 2017. No transaction between UPPTCL and our Suppliers shall be recognized
and the input credit on the supply of goods & services by our Suppliers shall be considered
in the basic price (taxable value) quoted to UPPTCL

3.2 The statutory deduction of taxes (both under I. Tax Act and GST Act) and duties including
Labour Cess at source as applicable, related to these works, shall be made by UPPTCL from
our bills for which we shall not claim any reimbursement. TDS/ Cess so deducted by
UPPTCL shall be deposited by them with the relevant tax Authorities & TDS certificates
shall be issued by UPPTCL under the respective laws.

3.3 We hereby agree to the modalities of Scope of work/ Contract period variations clause under
the contract.
4.0 DEVIATIONS

4.1 We hereby declare that work shall be performed strictly in accordance with the Technical &
Commercial Terms and conditions specified in the Bidding Documents except for the
deviation detailed out exhaustively in the following sheet.

(a) Commercial Deviations Attach …..….pdf

(b) Technical Deviations Attach …..….pdf

 Further, we confirm that any deviations found elsewhere in our proposal, other than those
stated in above deviation sheets, shall be deemed to be unconditionally withdrawn by us
without any cost implication to UPPTCL. However, Deviation on account of better
specification may be acceptable to UPPTCL, without any cost implication to UPPTCL.

However, we understand that any deviations with respect to the Technical & Commercial
Terms and conditions specified in the Bidding Documents not acceptable to UPPTCL may
render our bid non-responsive.

4.2 We have read the following major provisions of the ITB, Owner’s Requirement & GCC and
SCC and confirm that the specified stipulations of these provisions are acceptable to us
irrespective of whatever has been stated to the contrary anywhere-else in our proposal.

(a) Terms of Payment

(b) EMD
(c) Contract Performance Bank Guarantee (CPBG)
(d) Penalty and Default Clauses
(e) Price Basis & Payments
(f) Scope of work
(g) Complete Performance Standards and norms
We further confirm that any deviations to the above clauses at Sl. No. (a) through (g) found
anywhere in our bid proposal implicit or explicit shall stand unconditionally withdrawn,
without any cost implications whatsoever to UPPTCL.

5.0 EMD:
5.1 We have scanned and uploaded the Bank Guarantee/ Copy RTGS/ NEFT Receipts towards
EMD as applicable towards Tender Cost, and EMD. The EMD has been submitted as per the
format prescribed by UPPTCL valid for a period of ………………………… days from the
date of opening of the bids as mentioned in the original tender notice. We have also
submitted the above in original in a separate sealed envelope super scribing the works
No….. Bid ref. No. and Name.

5.2 The details of the above Demand Draft(s)/Bank Guarantee are as follows;

Particulars DD/BG No. & Date Amount (In Rs.) Issuing Bank

Tender Cost

Bid Security(EMD)
6.0 QUALIFICATION DATA:

6.1 We confirm having uploaded (attachment.pdf)/ keyed-in (Schedules) against the Technical
and Financial qualification requirement on your official tender portal as per qualifying
criteria specified in the Instruction to bidders, Vol.-I.

6.2 In case, UPPTCL require any further information in this regard, before evaluation of our
bid, we agree to furnish the original in time to your satisfaction.

6.3 We declare that the documentary evidence in support of the above qualifying requirement
and the information filled by us in this regard are correct to the best of our knowledge and
belief. We undertake that if any of these documentary evidence/ information are found
incorrect, our bid shall be liable for rejection, and in the event we emerge successful in the
bidding process and are awarded the package/ works, we will be liable for all consequential
damages apart from termination of the contract.

7.0 OTHER STATUTORY DOCUMENTS:

7.1 We have also uploaded (as an attachment .pdf) all the statutory documents mentioned in the
ITB in support of the qualifying criteria.

8.0 SIGNING OF THE CONTRACT AGREEMENT:

8.1 We undertake to sign the Contract Agreement as per the pro-forma and in the manner as
specified in the tender.

9.0 CONTRACT PERFORMANCE BANK GUARANTEE:

9.1 We agree that if our proposal is accepted, we shall provide an irrevocable Contract
Performance Bank Guarantee (from list of Banks mentioned in the annexure to this
documents) on non-judicial stamp paper of appropriate value (as per the prescribed format)
within …………. days from the date LOA issued in favour of the Uttar Pradesh Power
Transmission Corporation Ltd., Lucknow The Bank Guarantee amount shall be equal to ten
percent (10%) of the Annual Contract Price. The bank guarantee shall be valid for 45 days
over and above work completion period (i.e. 01 Year). If the work completion period gets
extended the Contract Performance Bank guarantee shall be extended accordingly.

10.0 PERFORMANCE GUARANTEE:

10.1 We certify that all the Man Power deputed shall be conforming to technical requirement and
all the testing equipment shall be duly calibrated.

11.0 ACKNOWLEDGEMENT OF DISCLAIMER:

11.1 We undertake that we have conducted our own estimation and analysis and checked the
 accuracy, reliability and completeness of the information contained in the bid.

11.2 We understand that UPPTCL is not responsible for the e-Tender Portal of UPPTCL being
temporarily unavailable due to any technical issue at any point of time.

11.3 We agree to follow the time table of e-tendering process and get the activities of e-tendering
processes done well in advance so as to avoid any inconvenience.

11.4 We undertake that in case of technical error/ failure of e-Tender Portal of UPPTCL, we shall
not challenge it by way of appeal, arbitration and in the Court of Law.

12. DECLARATION:
12.1 We, hereby declare that only the persons or firms interested in this proposal as principals are
named herein and that no other person or firm other than those mentioned herein have any interest
in this proposal or in the contract to be entered into if we are awarded the contract, and that this
proposal is made without any connection with any other person, firm or party submitting a
proposal and that this proposal is in all respect for and in good faith, without collusion or fraud.

12.2 We hereby declare that we have gone through and understood the bid documents (including
schedules in XLS available in the e-tender portal) in detail and tender portal instructions for the
purpose of participating in the bidding process and enclose herewith attachments(in .pdf )
uploaded and Schedules (in XLS) Keyed-in both in line with the original document.

Dated this ….…...…………day of …………………20…..at…………………………

Thanking you, we remain,

Yours faithfully,

Date: (Signature)

Place: (Printed Name)…………………………

(Designation)…………………………...
(Common Seal)…………………………
Business Address:
 Enclosure:
A. Soft Form of Documents (Scanned Copy):
Sl. Description .Pdf file
No reference
1 Proof of RTGS/ NEFT towards Tender Cost RTGS/ NEFT/ BG Attach 1.pdf
towards EMD.
2 Scanned Copy of following documents/ Credential in support of Attach 2.pdf
meeting Technical Qualifying requirement of the Bidder:
i. Work Order Abstract in Table-A-1.
ii. O&M Work Order/LOA Table-A-2.
iii. Work Performance Certificate/Completion Certificate in
respect of the work orders furnished as above Table A-3.
3 Scanned copy of Documents/ credential in support of meeting the Attach 3.Pdf
Financial QR of the Bidder:
i. Audited Annual Accounts for last 03 (Three) years.
ii. MAAT Schedule (Table-B)
iii. Liquid Assets and Un-Utilised Credit Facility Schedule
(Table-C)
iv. Net Worth Schedule (Table-D)
v. Form 26AS (Income Tax) for last five years.
4 Scanned copies of Statutory Documents of the bidder; Attach 4.pdf
i. IT PAN.
ii. GST Registration Certificate.
iii. EPF Registration Certificate etc.
iv. Certificate of Incorporation/Partnership deed. (If applicable)
v. Under taking to submit ESI, Labour license and other
Registration certificates within stipulated time.

Self-Declaration Form as per the format Attach 5.pdf

i. Black listing/debarring
5 ii. Pending Liabilities
iii. Correctness of Information
iv. Fraud Prevention Declaration
6 Bidder’s Information sheet including Bank Details (Annexure- Attach 6.pdf
VIII)
7 Bid Proposal Sheet (BPS) (Annexure-XVI) Attach 7.pdf
Work Order Abstract Table A1
Sl. FY Name of the Work order Ref Date of Completion of Reference
No. Client (No. & Date) Work Document
uploaded

O&M Work Order/LOA Table-A-2

Sl. FY Name o f the Work order Ref Date of Completion of Reference
No. Client (No. & Date) Work Document
uploaded

Work Performance Certificate/Completion Certificate in respect of the work orders furnished as

above Table A-3
Sl. FY Name of the Work order Ref Date of Completion of Reference
No. Client (No. & Date) Work Document
uploaded

MAAT Table B
Sl. Financial Annual Turnover on Standalone Basis (excluding Associate
No Year Companies) of the Bidder as per the Audited Accounts(in INR Cr.)
1

2
3
4
5
Liquid Assets Table C
Sl. Liquid Asset Amount (in Rs. Cr.)
No.

Net Worth Table D

Sl. Net Worth Amount (in Rs. Cr.)
No.
 Volume – II
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